Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit in respect of the same cause of action - Can be granted only if Court is satisfied that suit must fail by reason of some formal defect or that there are sufficient grounds for allowing to institute fresh suit for the same cause of action...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Amendment of correction of paragraph numbers - Amendment is corrective and formal in nature - Amendment allowed...........
Evidence Act, 1872, Section 27 -- Disclosure statement - Accused need not be under formal arrest for purpose of statement given u/s 27 of the Act...........
Civil Procedure Code, 1908, Order 18, Rule 1, 3 -- Right to begin - Will propounded by defendant - Primary issue is proof of execution of Will and onus to prove such issue is on defendant - Other issues are formal in nature - Trial Court is just and proper in calling upon defendant to prove Will in the first instance - Rebuttal opportunity to defendant be given if found..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - While considering prayer for amendment of pleadings, Court must make a distinction between substantive and formal amendments...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mere addition of prayer comes in category of formal amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to add the relief of declaration that sale deed in question is not binding on rights of plaintiff - Defendants have already filed a counter claim on basis of said sale deed - Sale deed is already before Court - Amendment sought is formal in nature -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Name of bank wrongly mentioned in the complaint - There is no dispute about cheque number and its issuance by accused - Mistake is a simple infirmity which is curable by means of formal amendment and by allowing such amendment no prejudice would be caused to complainant -..........
Indian Penal Code, 1860, Section 302 -- Murder - Eye witnesses turned hostile - Other witnesses are formal witnesses and their evidence is not incriminating against accused - Motive of crime not proved - Recovery of weapon of offence is also very doubtful and makes prosecution case highly suspicious - Other co-accused persons with similar role on basis of same evidence..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of L.R's - Two independent proceedings - It cannot be said that substitution application filed in one proceeding is sufficient and only formal application is required in other proceeding - Substitution application not properly filed and Court in place of taking liberal view, took a arbitrary view which cannot be..........
