Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 14A, Criminal Procedure Code, 1973, Section 438 -- Application for anticipatory bail in an offence under SC/ST Act - Application can only be filed before Special Court and Exclusive Special Court, as the case may be and not before High Court - High Court thus, neither has..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 14A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail in an offence under SC/ST Act - Special Court while dealing with an application for anticipatory bail must first ascertain whether a prima facie case for an offence punishable under the Act is made out - If prima..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, 18, 18A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail in an offence under SC/ST Act - Order granting or rejecting anticipatory bail is subject to appellate jurisdiction of High Court u/s 14-A of the Act...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Previous suit filed for eviction was dismissed - Plaintiff filed subsequent suit for getting vacant possession of suit house and damages claiming himself as a title holder of suit house - No title was claimed in previous suit, thus whether the plaintiff was title holder or not was not involved directly and indirectly..........
Civil Procedure Code, 1908, Order 21, Rule 90(3) -- Acquisition of land - Dispute about the non-payment of acquired land by Respondent/Trust - The mandatory nature of the twin conditions to be satisfied before an auction sale can be set aside as provided U.O.21.R.90(3) CPC - No application to set aside a sale on grounds of irregularity or fraud under the Rule can be..........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses through process of Court - Declined on the ground that same is sought after 15 days of framing of issues - Procedure prescribed U.O.16.R.1 is directory - Impugned order set aside - Court assistance be provided to summon witnesses...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Petitioner not able to make out a case within the parameters of law laid down by Apex Court - Petition dismissed without merit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Pleadings - Where amendment merely sought to introduce an additional or a new approach without introducing a time barred cause of action, amendment is liable to be allowed even after expiry of limitation...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - O.2.R.2 CPC cannot apply to an amendment which is sought on an existing suit - Plea of amendment being barred U.O.2.R.2 CPC is thus, misconceived and hence negatived...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Relief of compensation - When relief of compensation is either not claimed or when such relief claimed but plaintiff seeks amendment in the same - Plaintiff can seek permission of Court to introduce such relief by way of amendment...........
