Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Typographical mistake - Para 1 of plaint admitted - Word `Not' omitted - However, when Para No.1 of the written statement read with paragraph 20 of the written statement it appears that there was typographic error on account of which the word `Not' could not be incorporated - Para 1 of written..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Even after commencement of trial, Court may allow either of the parties to amend or alter their pleadings, if Court comes to the conclusion that despite due diligence, parties could not raise the matter before the commencement of trial...........
Criminal Procedure Code, 1973, Section 203, 200, 156(3) -- Application u/s 156(3) treated as complaint - Dismissal of complaint by holding that no offence is made out - Even if the civil suit are pending between the parties, if any offence has been committed then it is the duty of the Court to take cognizance of the offence - Complaint can be dismissed only when there is..........
Indian Penal Code, 1860, Section 364, Criminal Procedure Code, 1973, Section 154 -- Kidnapping - Delay in lodging FIR - FIR was not lodged for a long period of 13 days - Miscreants belonged to extremists group and out of fear FIR was not lodged immediately after the incident - PW2 i.e. the informant, in his evidence also stated that due to fear he did not lodge FIR..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Sub-broker - Defendant No.14 claims that sub-broker of defendant No.14 in suit transaction is a necessary party - Defendant No.14 has made a claim in his written statement without filing a counter-claim against plaintiffs - Plaintiffs make no claim upon sub-broker - Held, necessity of sub-broker, if at all,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Grievance about handwriting of cheque - No grievance in respect of signature on the cheque - No suggestion regarding said grievance preferred by accused at belated stage after recording statement of accused - Trial Court dismissed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Petitioners No.2 to 4 were the Directors of company - Trial to be held or to proceed summarily - Only thing to be done by the petitioners is to file their statement of defence and then seek recall of complainant's witnesses for cross examination - Entire effort of petitioners by filing..........
Central Excise Act, 1944, Section 11AProviso -- Rules 173Q and 210 - Central Excise Rules, 1944, - Allegation of suppression of payment of duty by respondent-Company - Superintendent of Central Excise inspected premises of respondent-assessee on 25th October, 1996 and brought to the notice of authority - Show cause notice issued on 26th June, 2000 - Department could not..........
Criminal Procedure Code, 1973, Section 162(1)Proviso, Evidence Act, 1872, Section 154 -- Statement in Court contrary to the voluntary statement made before the police - Statement made in Court under threat to life - Court can rely upon the statement made by such witness before police - In the instant case statement made to police taken into consideration in view of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 392, 504, 506 -- Summoning order - Quashing of - Entire facts indicate that complainant had enough reason to implicate applicants in false and fabricated case - Entire story has been cooked up by complainant - Ex parte statement made on oath in Court of a Magistrate - Held, on the basis of such..........
