Civil Procedure Code, 1908, Section 100 -- Second appeal - Remand of matter to trial Court permitting plaintiff to amend plaint - No application filed by plaintiff for amendment of plaint - In the absence of any such application, High Court committed error by permitting plaintiff to amend plaint that too in a second appeal - Even otherwise, no reasons are assigned as to..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - For remand, a specific case is to be made as per O.41.Rr.23, 23-A, 25 CPC - Mechanical remand of suit is wholly impermissible...........
Service -- Selection process - Determination of seniority - Direct recruitments and promotees - Selection from both the streams was made from a common recruitment process - Dates of appointment orders of both the streams ought to be treated from a particular date - Appointment orders were issued in breach of provisions of R.17 of Rules applicable, it is thus, not..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Extension of time for completion of investigation or extension of remand - Notice and opportunity of hearing not given to accused - Constitutional right of accused to have fair opportunity to defend was taken away - Legality or otherwise of order of extension of period would also be taken note of while..........
Insolvency and Bankruptcy Code, 2016, Section 9, 62 -- Barred by limitation - There existed a `pre-existing dispute' between the parties there cannot be an order of remand of the matter to the Tribunal for reconsideration of Section 9 application under IBC - When the matter was remanded for consideration of the question of limitation afresh - Thus, the dismissal of the..........
Insolvency and Bankruptcy Code, 2016, Section 9, 62 -- Barred by limitation - There existed a `pre-existing dispute' between the parties there cannot be an order of remand of the matter to the Tribunal for reconsideration of Section 9 application under IBC - When the matter was remanded for consideration of the question of limitation afresh - Thus, the dismissal of the..........
Criminal Procedure Code, 1973, Section 213, 313 -- Charge - Misleading charge framed - There is every possibility of accused getting misled due to framing of incorrect charge - Most material circumstances brought on record not put to accused in his statement u/s 313 Cr.P.C. - Prejudice has occasioned failure of justice - Since, incident occurred 22 years ago, it is not..........
Civil Procedure Code, 1908, Section 99 -- Appeal - Non-joinder of necessary party by itself is a ground to reverse or substantially vary a decree in appeal or remand a suit after setting aside decree in an appropriate case...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Non-framing of an issue - Suit dismissed without framing an issue that suit is bad for non-joinder of necessary party - Framing of issues is an important stage at which scope of trial is determined - Since no issue is framed, it is thus, proper to give an opportunity to plaintiff to implead said necessary party -..........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - S.372 Cr.P.C provides a victim right of preferring an appeal only in cases arising out of a Police report, limited remedy available to such a victim when trial Court acquitted accused, was to prefer a revision u/s 397 Cr.P.C which at best would only result in setting aside acquittal a consequential..........
