Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Amendment sought to add a prayer for possession - Held, amendment would only help to achieve object of S.22 of Specific Relief Act, 1963 - Order allowing amendment, upheld...........
Criminal Procedure Code, 1973, Section 446 -- Recovery of amount of personal bond as penalty - Requirement of notice - Held, before passing order to recover amount of bond as penalty, notice is required to be issued to accused and his sureties to show cause as to why amount of bond be not realized from them as penalty - Passing order to recover amount of personal bond or..........
Criminal Procedure Code, 1973, Section 305 -- Trial - Appointment of representative - Permissibility of - Plea of petitioners that they being Managing Director and Director of company also can invoke provisions of S.305 of the Code and pray for appointment of representative for themselves in order to represent them before trial court during course of trial - Held, plea..........
Criminal Procedure Code, 1973, Section 439 -- Cancellation of bail - State aggrieved by order granting bail - No new circumstance emerged - Held, State can move High Court u/s 439(2) for cancellation of bail...........
Criminal Procedure Code, 1973, Section 437(1) -- Proviso - Bail on medical grounds - Accused involved in offences which entail life imprisonment - Nothing to show that condition of accused was serious - Investigating Officer made simple statement that accused was under medical treatment and few tests are to be carried out on him - Magistrate did not obtain report from..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - `Sufficient cause' - As referred in S.125(3) Cr.P.C. does not allow any opportunity to reagitate any issues settled or raise any pleas which were not taken when the order of maintenance was passed - If a change in the circumstances of any person ordered to pay maintenance has taken place, the Code enables such..........
Criminal Procedure Code, 1973, Section 125(3) -- Enforcement of maintenance order - It is no defence for a person ordered to pay maintenance to contend that he has no job, property or income and that it amounts to 'sufficient cause' as understood in S.125(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - cognizable offence disclosed - When cognizable offence is disclosed it is duty of concerned Court to order for registration and investigation of the offence...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Omission to mention section - Discharge - Held, mere omission of relevant section in sanction order would not vitiate proceeding, but sanction order on face of it, needs to reflect basic facts constituting offence and those facts must be placed before sanctioning authority for its consideration to..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning on the basis of partly cross examined complainant - Not much dent made in his testimony - No interference in order of summoning...........
