Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission not unequivocal and absolute to pave way for a judgment on admission - Judgment on admission is erroneous and illegal...........
Civil Procedure Code, 1908, Order 38, Rule 1 -- Arrears of rent - Defendant directed to deposit the rental arrears failing which he will lose opportunity of defending the case - Order of trial Court, upheld...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Suit filed against a dead person is a nullity from the very inception - Same shall be deemed not to have been instituted at all - Prayer for its withdrawal ought to be permitted with liberty to file a fresh suit on the same cause of action...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit filed against a dead person - Substitution of L.R's not permissible U.O.22.R.4 CPC...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Failure to put incriminating circumstances to accused may not ipso facto vitiate the entire trial - However, it can be established that non-compliance of mandate of provision would vitiate the proceedings from the stage of S.313 Cr.P.C...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - Application for discharge rejected without disclosing any reasons - Impugned order set aside - Magistrate directed to reconsider the application and pass a speaking order thereon...........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Hearing of appeal in the absence of advocate of accused - High Court ought to have appointed a lawyer to espouse his cause after finding that advocate appointed by accused was absent - High Court thus, committed illegality by deciding appeal against conviction preferred by accused without hearing..........
Criminal Procedure Code, 1973, Section 216, 374, 386 -- Appeal against conviction - Alteration/addition of charge in the absence of advocate of accused - Grave prejudice has been caused to appellant by altering charge without giving notice to accused or his advocate about alteration of charge...........
Indian Penal Code, 1860, Section 201, Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge from Ss.302, 148, 149 IPC to Ss.302, 34 IPC in the absence of advocate of accused - Grave prejudice caused to appellant - No evidence of common intention - Only act of stopping deceased will not by itself bring the case within purview of S.34 IPC - Conviction..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(a), Indian Penal Code, 1860, Section 468, 34 -- Illegal gratification - Merely because Sub-Registrar permitted a document to be registered for higher value than guideline value per se cannot be an illegal act or misconduct - Variations in the value of document advantageous to Government unless and until, it is proved to..........
