Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Putting new facts on record due to engagement/change of new counsel - Fault on the part of counsel or any other reason attributed to counsel cannot be ground for filing of amendment application and allow the same, which was filed after commencement of trial...........
Civil Procedure Code, 1908, Order 33, Rule 2, 5(a) -- Permission to sue as indigent person - Schedule of movable and immovable property with estimated value thereof be annexed with application - Applicable is liable to be rejected if it is not framed and presented in the manner prescribed under O.33.Rr.2 & 3 CPC...........
Civil Procedure Code, 1908, Order 33, Rule 2, 5(a) -- Permission to sue as indigent person - Requirement of O.33 CPC is not only the schedule qua immovable property but the same also comprises of movable properties - Application decided only on the basis of immovable properties ignoring the fact that there was no proof of movable property - Impugned order set aside -..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Status quo order - Disobedience - No evidence on record that defendant had actually interfered in possession of plaintiff and caused any destruction of crops - Order directing defendant to undergo civil imprisonment for a period of one year, set aside...........
Criminal Procedure Code, 1973, Section 401(2), 156(3) -- Revision - High Court allowed revision with a direction to register FIR but proposed accused not served with notice of revision proceedings - Impugned order set aside - Matter remitted back to High Court for decision afresh in accordance with law...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Sought by a person not party to the proceedings - Application is not maintainable...........
Criminal Procedure Code, 1973, Section 436A -- Bail - Under trial prisoner - An under trial prisoner cannot be detained for a period more than one-half of the maximum punishment period of imprisonment specified in the offence in which he has been taken into custody and upon expiry of the said period, he has to be released by court on personal bond with or without sureties...........
Criminal Procedure Code, 1973, Section 436A -- Bail to under trials - Victim is avoiding to step into witness box - This conduct of victim is sufficient to entitle accused to concession of bail - Bail granted to accused with conditions...........
Criminal Procedure Code, 1973, Section 436A -- Bail to under trials - Statutory right to bail granted to accused in terms of provision contained in S.436-A Cr.P.C, cannot be defeated by stating that despite best efforts, victim could not be traced...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiffs along with defendants are joint owners - Vendor of plaintiff and defendants entered into agreement that wall of house of defendant would be raised by defendant but would remain common and jointly owned by both of them - Defendants never challenged the said agreement to be void..........
