Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - When there is specific provision for passing decree on admission U.O.12.R.6 CPC, on satisfaction of conditions provided under said provision, Family Court could not have invoked S.151 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to challenge the Will - Though factum of Will was mentioned in written statement, but no details including date and contents was given by executant or even by beneficiary in written statement - In absence of any such details given, there is no occasion to challenge the same at the hands..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Merely because an application is filed after commencement of trial cannot be sole ground for dismissal of application U.O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Dismissal of application summarily on the sole ground that it is filed after commencement of trial without even filing of reply by defendant - Impugned order set aside - Matter remanded for decision afresh on merits...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape of 5 years old girl - Mere non-examination of parents of victim would not create any dent in prosecution case as aunt of victim has stepped into witness box, as act complained of was first revealed to her by victim - Accused rightly convicted...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape of 5 years old girl - Testimony of victim inspires confidence - Medical evidence supports the version of victim - Accused failed to bring any material to establish the plea of false implication - Accused rightly convicted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment is not permissible if basic structure of plaint is changed or amendment itself is not bona fide...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Court has power to allow amendments in connection with claims which had become time barred, if special circumstances exist and it is in the interest of justice...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere fact that amendment is filed after commencement of trial, cannot be a ground to reject application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Omission of mandatory requirement running in three to four sentences cannot be a typographical error...........
