Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Trial Court while allowing application has not considered it as per provision of O.6.R.17 Proviso CPC - Trial Court also not considered whether objections raised by defendants to application are legally sustainable or not - Impugned order of allowing application for amendment set aside - Matter..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Formulation of substantial question of law or reformulation of the same in terms of the proviso arises only if there are some questions of law and not in the absence of any substantial question of law - High Court is not obliged to frame substantial question of law, in case, it finds..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - There is no provision requiring accused to make any formal application for default bail - Even an oral plea for default bail is compliance with S.167(2) Proviso (a) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - If two essential conditions as set out in S.167(2) Proviso (a) Cr.P.C are met, then there would be no justifiable reason to detain accused and those conditions are : (i) Investigation has not been completed within period of 60 or 90 days, as the case may be from date of arrest of accused; and (ii) accused is..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once accused files an application for bail u/s 167(2) Proviso Cr.P.C, he is deemed to have `availed of' or enforced his right to be released on default bail, accruing after expiry of stipulated time limit of investigation - If accused applies for default bail, Court must release him on bail forthwith without..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration, perpetual and mandatory injunction - Suit based on undertaking allegedly executed by mother of defendant giving parking rights to plaintiff - Issue arising whether undertaking is genuine and registration is required or not u/s 49 Proviso of Registration Act - Said issue thus, can be..........
Criminal Procedure Code, 1973, Section 311A, Proviso -- Specimen signatures - Comparison of signatures of accused appended on cheque - Complaint u/s 138 of N. I Act - Accused has to be considered to have been arrested by executing officer in connection with proceeding pending before Court, at the time of execution of bailable warrants - Thereafter, accused appeared,..........
Criminal Procedure Code, 1973, Section 437(1) -- Proviso - Bail - Simply because petitioner is a woman, she is not entitled to bail, as it is discretion of Court to decide whether a woman is to be released on bail in facts and circumstances of each case...........
Criminal Procedure Code, 1973, Section 437(1) -- Proviso - First proviso to S.437(1) is not mandatory...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit for damages - Suit for declaration, permanent and mandatory injunction - Plaintiff neither in application contended that there is a formal defect because of which suit must fail, nor trial Court adverted on said aspect - Requirement U.O.23.R.1(3) CPC for grant of liberty..........
