Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Child not impleaded as party to proceedings - However, proof of neglect by husband towards his wife and minor child can be sufficiently proved by wife qua the child also - Right of minor child to claim maintenance remain subsumed within mother's petition for maintenance, even if child has not..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Merely because plaintiff does not choose to implead a person is not sufficient for rejection of an application for being impleaded...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - In exercising discretion U.O.1.R.10 CPC, Court will take into account the wishes of plaintiff before adding a third person as a defendant to his suit - However, if Court finds that addition of new defendant is necessary to enable it adjudicate effectively and completely the matter in controversy..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Where a person who claims interest by way of filing supporting documents and pleadings cannot be thrown out at the threshold - Application allowed...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Court may recall a witness, if party seeking recalling of a witness, comes across some evidence which he could not lay his hands at the time the witness was being examined and said witness needs to be confronted therewith...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Court may recall a witness, where some evidence with regard to conduct or action of other party comes into existence after recording of statement of said witness...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - A party cannot be allowed to recall witness to fill up any lacuna or omission...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Law as to : (i) All amendments are to be allowed which are necessary for determining the real question in controversy provided it does not cause injustice or prejudice to the other side; (ii) applications U.O.6.R.17 CPC should be ordinarily allowed if amendment is for effective and proper adjudication..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Report elicited from an expert through process of Court - It is not open for that party, that too in a private complaint u/s 138 of NI Act, to seek process of Court, to obtain another report, without even setting aside the first report...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - When a report is obtained from a private expert without the intervention of Court, and that too when originals of cheques in question are in the custody of Court, party who obtained such a report cannot insist that Court should issue summons to such a..........
