Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Commission cannot be issued for the purpose of collection of evidence or creating evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Report of amin was confirmed subject to evidence of parties during trial - Application for issuance of fresh commission rightly rejected...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Right to bail is not to be denied merely because of sentiments of community being against accused, nor can bail be withheld as a punishment pending trial...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Merely because accused may commit suicide if enlarged on bail and thus, frustrate the trial cannot be taken as a reason at all to deny bail, as it would then be applicable to every criminal case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 328, 201, 203, 34 -- Bail - Murder - Accused is a woman aged 22 years and is in custody since 31.10.22 - She had co-operated with investigation all along - Dying declaration of deceased does not speak anything against accused - Accused is a first time offender and chance of accused..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Decree against a dead person without impleading his LRs - Decree is a nullity and cannot be executed...........
Civil Procedure Code, 1908, Section 50 -- Execution - JD died subsequent to passing of decree and surety is on record and there is liability on the part of surety to pay the amount, it cannot be said that decree is a nullity and cannot be executed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Where there is controversy as to identification, location or measurement of land, local investigation should be done at an early stage so that parties are aware of report of Commissioner and go to trial prepared and object of local investigation U.O.26.R.9 CPC which cannot belittled...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Suit filed in the year 2008 and matter was adjourned on several occasions - Merely because documents are not available at the time of petitioner's evidence, not sufficient to grant leave to petitioner to file said documents after lapse of long time without necessary details like when and how..........
Indian Penal Code, 1860, Section 294 -- Offence u/s 294 IPC - Causing of annoyance to others is a sine qua non for commission of offence u/s 294 IPC...........
