Criminal Procedure Code, 1973, Section 446 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.491) - Forfeiture of bail bond - When bail bond was forfeited, sureties are bound to pay bond amount as penalty - Sureties cannot escape from liability of paying by subsequent production of accused and they are bound to pay bond amount, though Courts have power to show leniency in..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment of plaint seeking relief regarding refund of earnest money or deposit made has to be allowed at any stage of proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment sought for refund of earnest money - Plaintiff has specifically sought decree for recovery of Rs.20 lakh double the amount of earnest money in the alternative though inadvertently same could not be sought in prayer clause -..........
Criminal Procedure Code, 1973, Section 362 -- Review - Once judgment or order is signed, no alteration or review of same is permissible except to correct a clerical or arithmetical error...........
Criminal Procedure Code, 1973, Section 362 -- Review - Order granting bail - Order granting bail reversed - There was no clerical or arithmetical error which had crept in - Impugned order set aside...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - When a person is added as an accused u/s 319 Cr.P.C. and that person is ultimately arrested and prays for bail, relevant consideration at the end of Court while considering his plea for bail should be strong and cogent evidence than mere probability of his complicity - Test that has to be applied is one which..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Appellant added accused u/s 319 Cr.P.C - Other two co-accused are already on anticipatory bail since 02.07.2025 - Since the matter is at large before trial Court, bail granted to appellant...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court at the stage of considering application u/s 482 Cr.P.C. cannot embark upon a roving trial as to reliability, genuineness or otherwise correctness of allegations made in FIR and materials collected during investigation by investigating officer...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), (s), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(r), (s) of the Act - Quashing of proceedings - Alleged incident occurred near graveyard situated in village which comes within public place and public view - Therefore, prima facie offence established u/s 3(1)(r),..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - At the stage of arguments - Documents sought are certain original title deeds of other defendants - Since these documents are in custody of plaintiff and he could trace it now, denying him opportunity to produce these documents as evidence, would certainly affect his very case filed for claim of mortgage -..........
