Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Application for - Rejection of - Validity - Amendment application never argued before trial Court - Held, order rejecting amendment application liable to be set aside - Application remanded to be considered afresh...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Accused summoned without adhering to the mandatory provision of S.202(1) Cr.P.C. as accused was residing beyond jurisdiction of Court - Magistrate also summoned an accused who was dead on the date of recording statement of complainant - Revisional Court rejected revision - Both Courts below acted..........
Criminal Procedure Code, 1973, Section 190, 482 -- Cognizance of offence - Quashing of order - Subsequent disclosure indicates that petitioners were participants in incident occurred and they have been implicated as parties and being absconders, N.B.Ws have been issued for their appearance by taking cognizance - Validity - Held, Magistrate is not bound by police document..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23 -- Rejection of plaint - Compromise between parties - Instead of filing application U.O.23, applicants filed application for rejection of plaint U.O.7.R.11 CPC - Trial Court rejected said application on technical grounds that it should have been filed U.O.23 - Held, if Court has any..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 153A -- Criminal proceedings - Quashing of - Perusal of article published does not make out a case that intention is to cause disorder or incite people to violence which is sine qua non of offence u/s 153-A IPC - Prosecution has to prove existence of mens rea in order to succeed - Specifically..........
Civil Procedure Code, 1908, Order 18, Rule 16, 1 -- Examination of witness - Satisfaction of Court - Certain manifest discrepancies found regarding age of defendant, her signature and L.T.I, appearing in sale deed, and fact that she was widow or not - Held, said conditions not germane for examining witness at early stage giving go bye to procedure prescribed in O.18.R.1..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte divorce decree - Setting aside - Notice of divorce petition not served upon wife and her claim was duly supported by an affidavit - Exparte decree set aside despite objection that application to set aside exparte decree was filed beyond 30 days - Held, in matrimonial dispute Court should take a liberal approach and..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32 -- Execution - Framing of issues is not mandatory in deciding an execution petition - However, when complete factual controversies are involved, it is always appropriate in the fitness of things to frame all "points of controversy" and pass an order distinctively on each such point framed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment for demolition of room constructed in defiance of stay order - Such amendment does not change the nature of suit - However, the fact as to whether room was constructed before institution of suit or after passing of stay order can only be decided after parties lead evidence - Amendment..........
Civil Procedure Code, 1908, Section 149, 148 -- Deficit court fee - Extension of time - Court to record reasons for extending time - In the instant case as the reason is apparent on the record as heavy amount of court fee is to be paid and initial time granted to the defendant to pay deficit court fee within 20 days is a very short period - Order extending time to pay..........
