Civil Procedure Code, 1908, Order 16, Rule 10 -- Summons to witnesses - Non-appearance - Where served witnesses do not appear in Court despite service, Court is required to secure presence of witnesses by way of coercive method in terms of O.16.R.10 CPC...........
Indian Penal Code, 1860, Section 406, 420, 34 -- Criminal breach of trust and cheating - Criminal and civil proceedings - Quashing of criminal proceedings - Prima facie no case is made out u/ss 406, 420 IPC - Dispute between parties is purely of civil nature - Initiating criminal proceedings definitely amounts to an abuse of process of Court - Final report and proceedings..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Every offence of criminal breach of trust of course involves a civil wrong but only if all ingredients as defined in statue are satisfied, a criminal prosecution is sustainable or justified...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - While deciding applications for amendments, Courts must not refuse bona fide, legitimate, honest and necessary amendments and should never permit mala fide, worthless and dishonest amendments - No infirmity in impugned order of allowing application for amendment of plaint -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Partition suit - No dispute regarding possession over plot in question - Application filed just for purpose of delaying proceedings of appeal - No infirmity found in impugned order of rejecting application for appointment of local commissioner...........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Presentation of document for registration - Suit for specific performance - Once the document is presented for registration, executing Court ought to allow the authority under Registration and Stamps Acts to discharge their duty and function...........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Presentation of document for registration - Suit for specific performance - Executing Court presents document for and on behalf of judgment debtor - Merely because the document is presented by Court, Sub-Registrar is not under obligation to mechanically accept such document for registration - Registering..........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Auction sale - Proclamation - Material mis-description of property in a sale proclamation would vitiate sale...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Auction sale - Proclamation - Joint property - Undivided share or right or interest of JD in joint property can be sold - But a specified portion of a property cannot be sold in execution sale describing it as share of JD...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Auction sale - Proclamation - Joint property - An undivided share of a co-owner of a property may be subject matter of sale - But a definite piece of joint property cannot be sold in execution sale describing it as share of JD - Purchaser cannot be put into possession of property unless property is partitioned by metes..........
