Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - While considering application for amendment, normally the merit of case is not to be examined - A party may have a weak case on merit - However, if amendments are necessary in order to decide the real controversy between parties, then amendment application cannot be rejected...........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - In order to succeed, all that accused needs to do is to create a shadow of doubt in the mind of Court as regards the correctness of the trial Court's decision...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment of property - Claim petition - An attachment order in execution petition in respect of property disables the owner thereof to sell it in favour of third parties and if it is proved that sale of property took place with the knowledge of attachment, it can certainly be ignored by executing court in the..........
Civil Procedure Code, 1908, Order 21, Rule 24 -- Execution - Possession taken with the help of police without securing an order from the Court for police help - Held, taking possession is invalid - Directions issued to revert back the property to J.D...........
Civil Procedure Code, 1908, Section 151 -- Execution - Possession taken with the help of police without securing an order from the Court for police help - Taking possession, held, invalid - Property ordered to be reverted back to the J.D. - Held, power to order a redelivery is available under inherent power of Court when Court finds that the manner by which the execution..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment seeking relief of declaration with consequential amendments including valuation of suit for the purpose of court fee and jurisdiction - Proposed amendment does not change the nature of suit - Amendment sought deserves to be allowed in order to ensure..........
Civil Procedure Code, 1908, Section 148A -- Caveat - A caveat is merely an advance intimation by the defendant communicated to the prospective plaintiff and registered in the court, where defendant expects the suit to be filed - A caveat is merely an anticipatory application to ensure that no ex parte interim order is granted to such prospective plaintiff...........
Criminal Procedure Code, 1973, Section 482 -- Recall of an order - Distinction between recall and review of an order - While in a review petition Court considers on merits where there is an error apparent on the face of record and in a recall petition Court does not go into merits but simply recalls an order which was passed without giving an opportunity of hearing to an..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Appeal against acquittal - Complainant granted leave to appeal before Session Court - Recalling of order - As per accused order was passed in absence of counsel of accused, hence it amounts to violation of principles of natural justice - Inadvertent mistake is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 504, 506 -- Quashing of summoning order - Petitioner/accused alleged to have committed offences u/ss 504, 506 IPC - Panchayat tried to settle dispute between petitioner and his wife - Failure of petitioner to put his signatures on settlement deed - He got infuriated and started using abusive..........
