Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding application only averments made in plaint and documents produced along with the plaint are required to be seen - Defence of defendants cannot be looked into...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Complainant seeking to produce additional evidence - Complainant had every opportunity to place such evidence before authorities during investigation as well as during trial - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - In the absence of summons/affixation/munadi having been made as per procedure prescribed, it cannot be said that defendant stood duly served...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC is maintainable on behalf of minors even if they are not represented through next friend or duly appointed guardian...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Weapon used is a scissor which is not a normal weapon of offence in case there is any intention to cause death...........
Indian Penal Code, 1860, Section 307, 326, 341, 506B -- Attempt to murder - Kind of weapon used in the offence i.e small scissors will not fall within S.307 IPC - There is no pre-planned act as per fight on record - PW6, PW7 and PW8 were declared hostile - As per injury report there was a scratch below neck, incised wound on left thigh and a small cut below ribs - Offence..........
Indian Penal Code, 1860, Section 323, 325, 307, 148, 149 -- Offence u/ss 323, 325, 307, 148, 149 IPC - Free fight between parties - Dispute between parties was with regard to use of passage - Nothing on record that accused were stated to be aggressors or they had gone to place of incident with their pre determined mind - In the fight normal agricultural implements were..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Documents sought to be produced not filed alongwith written statement as it was misplaced and was traced out recently - Lenient view should be taken when an application is made for production of documents U.O.8.R.1-A(3) CPC - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Power u/s 205 Cr.P.C is not meant to be used routinely but only when circumstances so demand...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Accused claims that he is the only son of his aged parents who are ill and require constant attention - However, no document is filed in this regard - Accused is a relatively young man aged about 38 years - Residence and business of accused is in the same city - There is no undue hardship in..........
