Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Should precede taking of cognizance - After taking cognizance of an offence which is barred u/s 468 Cr.P.C. Court cannot retrace its steps and condone delay at a post cognizance stage - Order of condoning delay should be by a speaking order...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex-parte order - Setting aside - Notice not given before passing order dated 3.12.2004 - Recall application rejected - Appeal filed alongwith delay condonation application - Delay condoned and appeal allowed - Once finding is recorded that order dated 3.12.2004 was an ex parte order, delay was liable to be condoned and for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Plea that signature attributed to defendant in the summon is not that of defendant - In the summons defendant's name was signed as "Tarsan Singh Bhagal" whereas defendant used to sign as "Tarsem Singh Bhogal" - If defendant had actually signed, there could have been no occasion for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to convert a suit for permanent injunction to a suit for specific performance - Amendment sought at an early stage and before commencement of proceedings - Amendment will curtail multiplicity of proceedings between parties - No serious prejudice will be caused to defendant on account of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to convert a suit for permanent injunction to a suit for specific performance - Amendment sought at an early stage and before commencement of proceedings - Amendment will curtail multiplicity of proceedings between parties - No serious prejudice will be caused to defendant on account of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - A party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of rules of procedure - Court always gives relief to amend the pleading of the party, unless it is satisfied that party applying was acting malafide or that by his blunder he had caused..........
Criminal Procedure Code, 1973, Section 199(4)(b) -- Defamation - Sanction for prosecution - It is not necessary for State Government to separately issue sanction order against each one of accused when they all are responsible for telecasting and publishing news item in the electronic and print media and also when names of said electronic and print media have already been..........
Criminal Procedure Code, 1973, Section 209 -- Committal of case - High Court has exceeded its jurisdiction in asking the State Authorities to file compliance report, in the matter of dispensing with requirement of committal of cases by Magistrate to Court of Sessions, as provided in S.209 Cr.P.C. even though Central Government was not even party in the writ petition in..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court committed erred in law in treating writ petition which was filed for quashing of FIR as Public Interest Litigation and had become infructuous and issued sweeping directions, without there being sufficient data and material before it to pass directions - Impugned order of High Court set aside...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Act in discharge of official duty of public servant - Irrespective of whether the applicant was on official duty, act of putting his pistol to the head of complainant and threatening him with dire consequences of eliminating him and his son in an encounter under the excuse that wheat crop was lifted..........
