Practice and Procedure -- There exists no provision under CPC which empowers Court to treat previously deposited or retained sums as a form of guarantee for validating a sale - CPC prescribes specific and exhaustive modes conducting Court sales, and such sales must strictly conform to those statutory procedures - Any deviation, however well-intentioned, cannot substitute..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Court is not expected to delve into merits of proposed amendment while considering application - True test is that amendment must be relevant and necessary to effectively adjudicate upon controversy between parties - One of consideration is to avoid multiplicity of proceeding for allowing amendment...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Fact as to whether version given by eye witnesses is correct or not in the light of post mortem report and opinion with regard to cause of death can be adjudicated upon only during trial - No other relevant material has been produced on record to..........
Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration of title, recovery of possession and mandatory injunction - Advocate Commissioner visited the suit schedule property with Mandal Surveyor in the presence of both the parties and their counsels and Advocate Commissioner executed the warrant - Plaintiff not even identified his property in the presence of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - On parity basis - Judge is not bound to grant bail to an accused on the ground of parity if order granting bail contain wrong facts - If any illegality is brought to notice of Court, same shall not be permitted to perpetuate...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - S.391 Cr.P.C. provides that an appellate Court may at its discretion take additional evidence if it considers such evidence necessary for just decision of case - However, power to take additional evidence should be exercised sparingly and only in cases where: (i) evidence sought to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Documents in question was within knowledge of petitioner at the time of adducing his evidence before trial Court - However, same was not produced at that stage - Proposed additional evidence appears to have no relevance..........
Criminal Procedure Code, 1973, Section 172 -- Police diary - Court can use the entries made in diaries for the purposes of contradicting police officer as provided in S.172(3) Cr.P.C. if there is any inconsistency or contradiction arising in evidence - Under S.172(3) Cr.P.C criminal Court may send for diaries and may use them not as evidence, but to aid it in an inquiry or..........
Criminal Procedure Code, 1973, Section 172(3) -- Police diary - Use of police diary by accused - Neither accused nor his agents shall be entitled to call for such diaries nor he or they may be entitled to see them merely because they are referred to by Court as per S.172(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 172(3) -- Police diary - Entries in case diaries are not evidence nor they can be used by accused in Court unless the case comes within scope of S.172(3) Cr.P.C...........
