Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Affirmative evidence cannot be permitted at this stage...........
Criminal Procedure Code, 1973, Section 164, Protection of Children from Sexual Offences Act, 2012, Section 35 -- Statement recorded u/s 164 Cr.P.C made in course of investigation - Cannot be considered as evidence recorded u/s 35 of POCSO Act...........
Criminal Procedure Code, 1973, Section 162 -- Statement made before police u/s 162 Cr.P.C - Cannot be used for any purpose whatsoever against accused, but it enables accused to rely upon it for a limited purpose of contradicting witnesses in the manner provided u/s 145 of Evidence Act by drawing his attention to parts of statement intended for contradiction...........
Criminal Procedure Code, 1973, Section 439 -- Successive bail applications - Accused has right to make successive applications for grant of bail - But Court entertaining such subsequent bail applications has a duty to consider reasons and grounds on which earlier bail applications were rejected - In such cases, Court has a duty to record what are the fresh grounds which..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed in time but was returned as defective - Defects were cured and charge sheet was re-presented beyond the period in the said proviso - Accused not entitled to default bail...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment/deletion of a party - Right of plaintiff to be dominus litus is always subservient to power vested with Court to implead and delete anyone who is considered to be a necessary or proper party or not necessary or proper, as the case may be to do complete justice in the matter...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of defendant no.1 as party - Injunction suit - Matter pertains to forest department - Control of forests vested in State Government and not defendant i.e Municipal Corporation at the time of filing of suit in the year 2018 - Plaintiff therefore, cannot be impleaded defendant as a party only because at some..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for possession - After passing of decree J.D. purchased shares from other co-sharers - Share of J.D./joint owner not specified on a particular portion of land in question - Objection by J.D. that decree cannot be executed till land is partitioned between joint owners - Court instead of issuing warrant of actual..........
Criminal Procedure Code, 1973, Section 482, Insolvency and Bankruptcy Code, 2016, Section 14, 17 -- Power u/s 482 Cr.P.C - Cannot be used to undermine Statutory dictate u/ss 14, 17 of IBC...........
Criminal Procedure Code, 1973, Section 482 -- Power u/s 482 Cr.P.C may not be available to Court to countenance breach of a statutory provision - Words `to secure the ends of justice' in S.482 Cr.P.C cannot mean to undermining of a statutory dictate...........
