Criminal Procedure Code, 1973, Section 204 -- Summoning order - Exercise of power - Held, summoning order is not such a ordinary or common order which could be passed mechanically - Before taking cognizance in a given case and proceeding to pass summoning order, it is incumbent upon Magistrate concerned to see entire allegations made in complaint as well as statement..........
Civil Procedure Code, 1908, Section 115, Order 9 -- S.115 as in U.P. - Ex parte decree - Set aside - Revision thereagainst - Lies to superior Court - District Judge dismissed revision holding revision not maintainable - Impugned order set aside - Matter remanded for decision afresh...........
Criminal Procedure Code, 1973, Section 125, 126(2) -- Maintenance - Recording of evidence - Exercise of power u/s 126(2) - Held, personal attendance of opposite party may be dispensed with on showing good and cogent reasons - Evidence can be recorded in presence of pleader of party against whom order of maintenance is to be made - While exercising his discretionary power..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - Even though there is some evidence against additional accused but evidence not to such extent as may reasonably lead to the conviction - Order summoning additional accused, set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Basic structure of suit not altered by the proposed amendment - It is only the nature of relief which is sought to be changed - Plaintiff would be entitled to file independent suit in respect of the proposed amendment - Allowing amendment would certainly curtail the multiplicity of the legal proceedings -..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review jurisdiction - Exercise of - Held, a party is not entitled to seek a review of a judgment merely for the purpose of a rehearing and a fresh decision of the case - Power of review can be exercised on application of a person, on discovery of new and important matter or evidence which after exercise of due..........
Civil Procedure Code, 1908, Order 21, Rule 84 -- Auction sale - Deposit of bid amount - Sale-Ameen directed the auctioner-purchaser to deposit 25% of amount on the same day - Despite such direction 25% of amount was neither deposited nor paid - No material on record to substantiate the claim of auctio, purchaser that his offer to deposit/pay the required amount was not..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Mandatory condition precedent to order production of document is that it must be relevant and relate to the lis in the suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Leave to defend - Amendment of application - Subsequent events sought to be introduced - From the inception of the eviction petition, the respondent has maintained his stand that he is in need of all the three shops on the ground floor of his property - Now that, he has been granted eviction decree in respect of the other two..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Power of Appellate Court - Held, Appellate Court do have power to review, or re-appreciate, and reconsider the evidence upon which an order of acquittal is founded - The Code has not put any limitation, restriction or condition on exercise of appellate power of Court and appellate court is free to..........
