Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Original issues were framed in the presence of counsel for defendants - It was specifically stated at that stage that no other issue was pressed and case was adjourned for evidence of plaintiffs - Application for framing additional issues had been filed after much delay - Framing of additional issue would..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Additional issues already framed are adequate and cover the contention now raised by petitioners in suit - Application rightly rejected...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Second application for framing of an issue - Maintainability - Application having been filed once and not pressed, cannot bar a party from moving the same application subsequently as earlier application was not decided on merit...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 227 -- Abetment of suicide - Discharge - Suicide note shows that appellant was asking deceased to repay the loan guaranteed by deceased and advanced to one `R' - It could not be said that appellant by performing his duty of realising outstanding loans at the behest of his employer can be said to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot pass any interim order without framing substantial question of law ...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - State has power to withdraw prosecution at two stages, one is before framing of charge or after framing of charge...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Charges were framed against petitioner u/s 420 IPC - There is no fresh material available on record to indicate commission of offences u/ss 465, 467, 468, 471, 120-B IPC - Application u/s 216 Cr.P.C. was moved after four years of framing of charges - It is evident that respondent No.2 has indulged in this..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points for consideration as per O.41.R.31 CPC is not always fatal if appellate Court has considered the dispute between parties correctly and has applied the law accordingly...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Averments sought to be incorporated by way of amendment was already in the knowledge of tenant/petitioner at the time of filing of original reply and also prior to framing of issues - Reason given in the amendment application that it was due to inadvertence/over sightedness..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Expression `any person' used in S.319 Cr.P.C means any person who is not being tried by Court in the ongoing trial - It includes even such persons who were named in the FIR but not charge-sheeted after investigation - Even such persons who were discharged at the stage of framing of charge are..........
