Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment wants to question the validity of Will, on the basis of which defendant sought to have suit dismissed - Without determination of question of Will and its genuineness, partition of suit property would not be possible - Application for amendment rightly..........
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 - 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..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of LRs on the basis of Will not probated - For substitution U.O.22 CPC, Court cannot go into question of genuineness of Will...........
Indian Penal Code, 1860, Section 302 -- Murder of pregnant woman - Allegations against mother-in-law and father-in-law - No demand of dowry proved by PWs - Prosecution failed to prove involvement of appellants except the statement of mother of deceased which is not relevant because remote events cannot directly connect the happening of incident in question - Benefit of..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - There is clear averments in FIR that marriage between accused and deceased has taken place - At the time of incident, deceased was residing with accused - Even otherwise, question as to whether deceased was legally..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission against law - Where question and its answer are both a mixed question of fact and law, a so called admission against law can never be an admission as visualized U.O.12.R.6 CPC...........
Civil Procedure Code, 1908, Section 11, Provincial Small Cause Courts Act, 1887, Section 15 -- Res judicata - SCC suit - Small Cause Courts has limited jurisdiction to go into the question of title incidentally for deciding the claim of landlord for a decree of ejectment and execution thereof - However, Small Cause Courts decide the cases in a summary manner and the..........
Provincial Small Cause Courts Act, 1887, Section 15 -- Jurisdiction of Small Cause Courts - Eviction suit - When suit filed by landlord against tenant already stands decreed and opposite party claims to have acquired ownership of property in dispute through a sale-deed executed by its previous owner, adjudication of claim of opposite party becomes incidental to..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99 -- Execution - Third party objections - SSC suit for eviction - When petitioner claimed that property in question had been purchased by her from its previous owner through a registered sale-deed, she had locus standi to claim that she had the right to resist her ejectment through execution proceedings instituted for..........
