Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Person having semblance of interest can be allowed to intervene in the matter and Courts allow such application - But, power under provision of O.1.R.10 CPC is a discretionary power and discretion is to be exercised judicially and completely and effectively to adjudicate the dispute between parties...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 360 -- Withdrawal of prosecution - Duty of Court - Court must consider whether public prosecutor applied his mind as a free agent uninfluenced by irrelevant and extraneous or oblique considerations while requesting withdrawal - Court must exercise its judicial discretion by considering all materials placed before it by..........
Civil Procedure Code, 1908, Order 21, Rule 32, 33 -- Execution - Decree of restitution of conjugal rights - It is not necessary for wife/DH to establish that there is willful disobedience of decree on the part of husband/JD - Court gets jurisdiction to pass a direction for periodical payments when JD fails to obey decree within time limit provided - If no such time limit..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Deferment u/s 254(3) cannot be asserted as matter of right - Parties seeking deferral u/s 254(3) BNSS, must provide sufficing reasons to invoke discretion of Court to permit cross-examination of witness to be deferred until any other witness or witnesses,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination of 6 prosecution witness until they are examined in chief - Witnesses cited as eye-witnesses in challan, on same set of facts - Petitioners pleaded that cross-examination of these witnesses may disclose defence strategy and provide opportunity to..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Will - If Trial Court in its wisdom considered it appropriate that disputed signature of Will be sent for comparison to elicit the truth, but at the same time was also conscious of legal provision that report of expert is not binding on Court and may be only of assistance, there is no reason for..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - There must exist tangible and cogent reasons for summoning a witness again for re-examination or cross-examination - Applicant is required to demonstrate necessity of recalling witness to ensure a fair trial - Recall of a witness is not to be permitted as a matter of course rather discretion conferred upon..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - O.12.R.6 CPC gives a very wide discretion to Court to pass a judgment at any stage of suit and that too on its own motion i.e. without any application being filed by any party...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of commissioner - It is discretionary power of Court and a party cannot claim appointment as a matter of right - If Court is of opinion that report of Commissioner can help it in arriving at a proper and just decision, it can issue commission - But such exercise of discretion cannot be normally interfered with by..........
Probation of Offenders Act, 1958, Section 4 -- Scope - Unless applicability of S.4 of the Act is excluded, in a case where circumstances stated in S.4(1) of the Act are attracted, Court has no discretion to omit from its consideration release of offender on probation - On the contrary, a mandatory duty is cast upon Court to consider whether case before it warrants..........
