Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 26Plaint -- agreement to sell - Amendment sought in plaint and agreement to sell in a suit for specific performance to the effect that Gat No.459 be read instead of Gat No.159 - Held, by way of an order on an amendment application Court cannot direct amendment in the document itself -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - HC granted anticipatory bail to petitioner - They approached Magistrate praying for grant of regular bail - Magistrate rejected bail application and issued no, bailable warrant against them - Validity - Held, when there was an order of HC that petitioners shall be enlarged on bail in event of their arrest,..........
J&K Arbitration and Conciliation Act, 1997, Section 37(3), Civil Procedure Code, 1908, Section 100(1) -- Order passed by District Judge while hearing appeal under S.37 - Second appeal against said order - Not maintainable in view of S.37(3) of Act...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Passing of order or decree - Power of appellate court - Held, O.41.R.33 of the Code is an enabling provision and empowers appellate court to pass any decree or order which ought to have been made and to make such further order or decree as the case may require, even if the party or parties may not have filed any appeal or..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 136 -- SLP - Apprehension of petitioner that observation made by High Court while deciding petition u/s 482 Cr.P.C. is likely to influence proceedings in trial - Held, observation confined to consideration of petition u/s 482 Cr.P.C. - Trial Court shall consider the matter on it's own merits..........
Criminal Procedure Code, 1973, Section 482 -- Summoning order - Quashing of - Held, it cannot be said that no offence is made out against applicants - All submission made at the bar relates to disputed question of fact, which cannot be adjudicated upon by High Court u/s 482 CrPC - At this stage only prima facie case is to be seen - Petition dismissed...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Plaintiff did not plead or pray for inquiry of mesne profits - Trial Court directed enquiry in respect of mesne profits - Held, in the absence of any pleadings or prayer in suit, enquiry for mesne profits should not have been directed by Court - Order passed by trial Court quashed and set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment at appellate stage - No satisfactory reply as to why amendment sought was not incorporated in the written statement - Application filed after a period of more than one and a half years of filing of appeal - No plausible explanation for not filing an application alongwith filing of appeal - Held,..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Held, discretion is not to be exercised in routine and should be sparingly so exercised by passing a reasoned order - Suspicion alone may not be sufficient - Detailed analysis of evidence and to appreciate the worth of evidence at this stage is certainly not called for - At this stage, only a reasonable..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Apex Court directed lower Court to consider and decide matter expeditiously - Matter seized with lower Court since 01.12.2007 whereby summons were issued to applicants to appear in the case - Said order was modified by same Court by..........
