Civil Procedure Code, 1908, Section 100, Easements Act, 1882, Section 15 -- Existence of pathway - Proof of - First appellate Court has overlooked the recitals in sale deed which specifically spoke the existence of pathway to reach plaintiff's house and also the oral evidence adduced by PW2, the previous vendor of the suit property, who also spoke clearly the existence of..........
Criminal Procedure Code, 1973, Section 427, 428 -- Setting off - Period already undergone by convict as under trial prisoner - Period to be reckoned from day convict first remanded to custody - No order has to be passed by Judge - It is an executive order and has to be passed by officers of Executive...........
Civil Procedure Code, 1908, Order 8, Rule 1, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Non-filing of written statement - Striking off defence - Instant petition not filed with promptness after passing of impugned order - It has been filed after more than 8 months after passing of impugned order - No explanation for this long delay..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Petition withdrawn on lump sum payment of Rs.19,000/- in 1996 - Withdrawal made in ignorance of consequences out of illiteracy - Subsequent petition by wife not barred as S.127 Cr.P.C. empowers Court to alter any earlier order - Held, no error in order granting maintenance to the petitioners...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought at the stage of final hearing of case - Proposed amendment within knowledge of defendant from the very beginning but amendment not sought earlier - Amendment sought with a view to prolong the hearing of the case - Dismissal of application - Order upheld...........
Criminal Procedure Code, 1973, Section 401, 403 -- Discretionary power of Court - Exercise of - Counsel of revisionist absent - Order upholding conviction passed by revisional Court - Application for recall of impugned order - Held, Revisional Court taking cognizance of proceedings may proceed and pass order appropriately considering its impropriety, illegality and..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid for execution of interim order - Order of status quo passed directing parties not to raise any construction therein - Defendant raising construction in his own land - No ground to interfere with the order dismissing application...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Defendants relied on certain documents - Plaintiffs sought production of said documents for inspection and perusal - However, defendants failed to produce same and, therefore, defendants cannot produce said documents in evidence in revision and necessary inference also has to be drawn against them -..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 304 -- Framing of charges - Validity - No allegation against accused that it was he who knowing fully well the condition of "S" did not let him admitted in ICU and patient was turned out even without providing ambulance - Facts as stated in FIR and material documents even if they are taken on face..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Exercise of power - Summoning of accused u/s 319 Cr.P.C. at the stage of delivery of judgment - Validity - Held, there must be pendency of trial and evidence adduced must create impression to Court that it appears that accused so called is involved in the offence and he is to be tried with..........
