Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471 -- Anticipatory bail - Cheating - Charge sheet has been filed without arrest of accused - Interim protection was granted to accused and there are no allegations that during period of interim protection she ever tried to influence the witnesses or temper with evidence - Bail..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought by LRs of plaintiff - Applicants by way of amendment sought to challenge oral gift deed which was inadvertently not challenged by their father/plaintiff - However, during life time of plaintiff, when cause of action to file suit arose, he was the best person to acknowledge the complete facts - Two..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Mere fact that accused is having some heart ailment wherein stunt has been put in his heart, cannot be ground for exemption u/s 205 Cr.P.C, as it is very common in entire world...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Offence u/ss 3, 4 of PMLA Act - Allegations against accused are of laundering a huge amount of money which has come in the investigation - Accused is a man of means and even if he is looking after his father, mother he can make an alternative arrangement and that cannot be a ground of S.205..........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - Complaint by DDA against company - Finding of fact recorded by trial Court with regard to two directors who came to be acquitted, as they are not in day to day affairs/management of company - It is the company who is legal entity which was sought to be prosecuted - Leave to appeal..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When contents of documents sought to be produced are not in dispute and their admissibility is also not in doubt, documents can be received in evidence without insisting on formal proof...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Non-impleadment of a purchaser of one item of suit property would be fatal to suit in respect of said property, as he is necessary party to suit...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Maintainability - There is no written contract between parties on record which is pre-requisite to maintain a summary suit U.O.37 CPC - Summary suit is not maintainable...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 471, 468, 467, 120B, 34 -- Quashing of proceedings - Cheating - Allegation that wife allegedly left matrimonial home after 29 years of marriage with ornaments/accessories worn on regular basis being a Traditional Bengali married women, cannot be basis of a criminal case between married..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 401 days - Defendant was aged about 73 years and suffered from jaundice - Reasoning put forth by defendant is within contour of definition "sufficient cause" - However, due to delay, plaintiffs would have definitely suffered..........
