Civil Procedure Code, 1908, Order 6, Rule 17. -- Amendment of plaint - Sought at belated stage - Facts sought to be introduced by way of amendment were already in the knowledge of plaintiff - Plaintiff has not been able to show as to why no effort was made by him to incorporate such amendments in the plaint earlier - It cannot be said that plaintiff could not have..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Period of remand of accused extended to 180 days from date of 1st remand by Sessions Court - Charge-sheet was filed within extended time - No notice of such application filed by I.O seeking extension of period of remand was given to accused - Though error/procedural lapse has occurred on the part of Court as..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle engaged in illegal mining, as petitioner had no valid license to undertake mining operations in concerned area - Vehicle not only liable to be seized but also be confiscated, as confiscation proceedings are separate and independent proceedings which can be initiated by Court concerned..........
Civil Procedure Code, 1908, Section 148, Order 6, Rule 18 -- Amendment of plaint allowed - Failure to amend plaint within 14 days of order - Time limits fixed in CPC cannot be totally ignored altogether even if they are construed as not mandatory...........
Civil Procedure Code, 1908, Section 148, Order 6, Rule 18 -- Amendment of plaint allowed - Failure to amend plaint within 14 days of order - Extension of time - Fair copy of plaint not filed for a period of 3 years and 7 months - Delay cannot be condoned by invoking S.148 CPC - More so, it is not open to plaintiff to blame his counsel for his own negligence and he has to..........
Criminal Procedure Code, 1973, Section 250 -- Malicious prosecution - Compensation - Acquittal in an offence under NDPS Act - Acquittal on the foundation that there was delay in obtaining report from FSL and further the test showed that seized items did not contain any contraband article - Nothing on record to show lapse on the part of seizing officer - No evidence of..........
Civil Procedure Code, 1908, Order 6, Rule 15 -- Non compliance of provision of O.6.R.15(4) - Order 6 does not provide for or envisages any consequences for non compliance of the provisions contained therein - Court is not empowered to dismiss a suit or reject a plaint for non compliance of the provision of O.6.R.15(4) CPC - Moreover, if there is any defect in the..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Onus was on objector to bring on record necessary material to show sale in question is liable to set aside, which he failed to prove - More so, in order to maintain objection in terms of O.21.Rr.89, 90, 91, 92 CPC, deposit of 5% of total sale consideration is a condition precedent and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife unable to maintain herself - Whereas, husband is the person of sufficient means and getting pension of Rs.36,391 p.m after retirement - Looking to the cost of living, standard of living, age of wife and her medical needs amount of Rs.1,500 p.m as granted by Family Court cannot be said to be reasonable amount..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Temporary injunction - Police aid can be granted even in the event of violation of order of temporary injunction...........
