Civil Procedure Code, 1908, Section 153, Order 6, Rule 17 -- Pleadings - Amendment - Amendment of pleadings when cannot be allowed U.O.6.R.17 CPC cannot be allowed by invoking provision of S.153 CPC - S.153 CPC deals with general power of amendment - Procedure is one as contemplated U.O.6.R.17 CPC - When one thing is clearly prohibited by the Order, it cannot be said that..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/ss 409, 420, 467, 468, 471, 34 & 120-B IPC - Appellant pleaded that cognizance was taken without obtaining sanction for prosecution - Whether appellant fulfills the conditions mentioned in S.197(1) can be decided by leading evidence at the stage of trial - Moreover, it is not a part of duty..........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Order 13, Rule 4 -- Summoning of witness - Exhibiting document without allowing examination of relevant witness - Course adopted by trial court cannot be sustained - Order rejecting application to issue summons set aside with direction to issue summons to defendant's witness in order to testify..........
Criminal Procedure Code, 1973, Section 311 -- Re-call of witness - Validity - Re-call of witness for examination after about 22 years from date of incident who had already been examined and re-examined - Held, re-examination does not prevent further re-call - S.311 Cr.P.C. does not put any such limitation on Court - He can still be re-called if his evidence appears to..........
Criminal Procedure Code, 1973, Section 311 -- Re-call of witness - Validity - Re-call of witness for examination after about 22 years from date of incident who had already been examined and re-examined - Held, re-examination does not prevent further re-call - S.311 Cr.P.C. does not put any such limitation on Court - He can still be re-called if his evidence appears to..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 41 -- Offence u/s 498-A IPC or u/s 4 Dowry Prohibition Act or an offence punishable with imprisonment for a term which may be less than seven years or which may extend to sever years, whether with or without fine - Accused not to be arrested unnecessarily..........
Criminal Procedure Code, 1973, Section 167, 57, 41, Constitution of India, 1950, Article 22(2) -- Person arrested not to be detained for more than 24 hours - An accused arrested without warrant by police has constitutional right u/art. 22(2) of the Constitution of India and S.57 Cr.P.C. to be produced before Magistrate without unnecessary delay and in no circumstances..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Boundary dispute - It is always desirable to get the fields measured by an expert and find out exact area encroached upon - Appointment of Local Commissioner is necessary - Oral evidence cannot conclusively prove such an issue - Impugned order rejecting application for appointment of Local Commissioner..........
Family Courts Act, 1984, Section 19(4), Criminal Procedure Code, 1973, Section 125 -- Maintenance - An order granting interim maintenance u/s 125 Cr.P.C is an interlocutory order and not revisable u/s 19(4) Act of 1984...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Application dismissed by Court below without inviting comments of presiding officer on allegations levelled against him - Held, Transfer application ought to have been decided after inviting comments from presiding officer and complainant both - Impugned order set aside - Matter remanded back to be heard..........
