Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Limitation - In order to find out whether suit is barred by limitation the same has to be manifest from a reading of the plaint and no amount of evidence can be looked into...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. can be exercised even before cross-examination of witnesses - A person not named in FIR or a person though named in FIR but not charge-sheeted or a person who has been discharged can be summoned u/s 319 Cr.P.C. provided from evidence it appears that such person can be tried along..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1 -- Temporary injunction - In cases which do not fall U.O.39.R.1 of the Code, Court has inherent jurisdiction to grant relief of injunction in its discretion, if it is satisfied that such an order is necessary to meet the ends of justice or to prevent abuse of process of Court as nothing in the Code limits or..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Illegitimate child - Evidence on record shows that applicant No.1 developed relationship with no, applicant and out of their relationship applicant No.2/male child was born - Applicant No.2 is the illegitimate child of no, applicant - An illegitimate child by virtue of S.125 1(b) Cr.P.C. is entitled to maintenance..........
Civil Procedure Code, 1908, Section 151 -- Order of status quo - Police help - Can be granted in a case where trial Court passes order of injunction and in revision petition order of status quo is passed - The facts of the case are clearly distinguishable from a case in which trial court passes order of status quo which means that trial Court is not sure which party is in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Impleadment of a party as plaintiff No.2 - Amendment of plaint at the instance of newly added plaintiff - Held, newly added plaintiff is not entitled to get the plaint amended filed by original plaintiff - Provision of O.6.R.17 CPC does not confer power on Court to allow an impleaded party to amend or..........
Criminal Procedure Code, 1973, Section 225, 301 -- Examination of witness - Eye witness precluded from being examined as PW - Public prosecutor had chosen to put eye witness in witness box on behalf of prosecution but he was precluded from being examined as PW at the behest of privately engaged lawyer on behalf of informant - Purpose of no, examination of a particular..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Merely because wife not compiling with decree of restitution of conjugal rights is not a ground to refuse maintenance to her as there is no express bar u/s 125 Cr.P.C. to grant maintenance to a wife against whom decree for conjugal rights is passed - Said order of maintenance having not been set aside by higher..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 30 -- Contraband - Reduction of sentence - Accused sentenced to undergo R.I for a period of ten years and pay fine of Rs.1 Lacs and in default thereof to further undergo R.I for a period of 1 year - Accused is of young age and a poor person - It is his first offence -..........
Indian Penal Code, 1860, Section 180, Criminal Procedure Code, 1973, Section 345, 351 -- Conviction u/s 180 IPC - Person convicted has right to file appeal - Revisional against order of conviction, held, not maintainable...........
