Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Charge sheet filed after expiry of extension of time granted by Court - Accused availed his right to be released on bail - Accused is entitled to statutory bail...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit on same cause of action - Court cannot partly allow application for withdrawal of suit and rejecting prayer for liberty to file fresh suit on same cause of action - Trial Court has two options i.e either allow application and accord liberty in favour of plaintiff or to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Suit was fixed for final arguments - Application filed after delay of five years as the reply on behalf of defendants was filed before the trial Court in year 2010 - Application filed only to delay the suit - Application rightly rejected...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Plaintiff had filed first suit seeking possession after tenanted premises were demolished - Right to claim damages for loss of property including goods and machines was available to plaintiff at that time - Plaintiff was required to obtain leave of Court before filing suit for damages subsequently -..........
Criminal Procedure Code, 1973, Section 432, 433 -- Remission - Murder of two persons - Accused convicted and sentenced for more than one life imprisonment for causing death of two persons - It is a case of concurrent sentence and not a sentence of imprisonment consecutively - Such sentence of imprisonment is not the subject matter in an appeal before the competent Court -..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C should be exercised only when strong and cogent evidence occurs against a person from the evidence...........
Civil Procedure Code, 1908, Section 102 -- Second appeal - Recovery suit - Suit filed for recovery of Rs.40,910 - However, decreed amount is below Rs.25,000 and recovery is only for Rs.19,625, which is below the limit as prescribed u/s 102 CPC - Even, second appeal has no merit which would require consideration as a substantial question of law - Second appeal dismissed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought after filing of affidavit of examination-in-chief by plaintiff - Even when application for amendment was filed before date fixed for leading evidence, but interdiction of proviso to O.6.R.17 applies...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Copy of sale deed duly attested by Notary Public exhibited subject to objection with regard to mode of proof and admissibility - Plaintiff by way of additional evidence sought to place on record original sale deed and to exhibit it to just to remove the technical objection - Order allowing application calls..........
Civil Procedure Code, 1908, Section 114 -- Review - Order sought to be reviewed came to be passed as counsel for petitioner had submitted at the very outset, that he does not press upon his petition - In these circumstances, counsel himself having chosen not to press upon his case, there is no case for reviewing the order passed on the basis of such statement - Review..........
