Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mis-description of boundaries - Boundaries would prevail over survey number and extents and same can be corrected for no change of boundaries - Moreover, it would not change or alter the nature of suit or against the action - No prejudice will be caused to defendants - Impugned order of trial Court..........
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 10 -- Territorial jurisdiction - Cause of action - Recovery suit - Execution of loan agreement and default in payment of EMIs under loan agreement arrived at within jurisdiction of trial Court - Place where contract is executed and payments were made, form a part of cause of action - Trial Court is bound to entertain..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Recovery suit - Leave to defend - Suit based on various bills and purchase orders, which have been placed on record - Defendant signed and acknowledged the receipt, amounts payable and contents of such bills raised by plaintiff enumerating all contractual obligations including payment terms agreed between parties, taking..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Propriety of substituted service upon co-defendants - Order of substituted service upon unserved defendants cannot be challenged by those who are served in ordinary course as they cannot be said to be person aggrieved by the order...........
Criminal Procedure Code, 1973, Section 216 -- Charge - Correction - Correcting date of incident - Wrong mentioning of date of incident in charge, does not vitiate trial, particularly when accused knew that he is asked to face trial for actual date of incident - However, order as to correction of date of incident cannot be said to be without jurisdiction...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 167 -- Sanction for prosecution - Offence u/s 167 IPC - False inquiry report knowingly prepared by public servants - Respondents are government servant, who conducted inquiry into allegations made by petitioner - Offence u/ss 166 & 167 IPC has a direct nexus with commission of criminal misconduct..........
Criminal Procedure Code, 1973, Section 311 -- Complaint u/s 138 of N.I.Act - Taking on record the duly attested affidavit of CW2 by way of additional evidence - Mistake of party - Three complaints presented by complainant and all were being tried simultaneously and on same day - Three attested affidavits were to be tendered in three separate complaint cases but..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness for further cross-examination - Witness was cross examined at length by accused but due to some inadvertent mistake, questions could not be put to witness - Application itself does not state any reason due to which question mentioned in application were not put to witness earlier when she was cross-examined..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit - Delay - Suit restored without there being an application for condonation of delay - Impugned order set aside - Matter remitted with direction to plaintiff to file application for condonation of delay with an opportunity to defendant to file reply and other material in rebuttal, hear both the..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 377, 498A -- Anticipatory bail - Rape - Unnatural offence - Accused committed unnatural intercourse with his wife without her consent - S.377 IPC provides for voluntary carnal intercourse against order of nature with any woman - Word woman includes wife of man - Application for anticipatory..........
