Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for permanent injunction - Defendant admitted that he is residing in same property with plaintiff and after a lapse of 7-8 years he has filed an application U.O.7.R.11 CPC alleging that plaintiff has played fraud terming lease deed to be sale deed - However, it cannot be said that averment made..........
Criminal Procedure Code, 1973, Section 482, 209, 465, Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23, 4(1) -- Quashing of criminal proceedings - Application for - Allegations of illegal export of iron ore - Appellant challenging order of cognizance of offence under MMDR Act after lapse of 2 years without giving reason to explain inordinate delay..........
Criminal Procedure Code, 1973, Section 482, 209, 465, Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23, 4(1) -- Cognizance of offence - Allegations of illegal export of iron ore - Plea of appellant that he could not be charged with offences under MMDR Act and charge sheet also did not ascribe any role to him - As per charge sheet appellant was..........
Criminal Procedure Code, 1973, Section 386, 401 -- Enhancement of sentence - Ex parte enhancement of sentence is against statutory mandate of law - High Court ought to have appointed an Amicus Curiae in absence of counsel of accused...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot dismiss second appeal in limine without assigning any reasons for its conclusion...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - For entertaining an appeal u/s 100 CPC, it is immaterial as to whether it is against `concurrent findings' or `divergent findings' of Courts below...........
Criminal Procedure Code, 1973, Section 439 -- Interim bail - Murder - Plea of juvenility - Age of petitioner recorded by trial Court as 16 years and odd - Petitioner in actual custody of excess of three years, which is the maximum for a juvenile - Petitioner released on interim bail on such terms and conditions as may be imposed by Sessions Court - Sessions Court directed..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Averment in plaint not admitted and it was stated that it is for plaintiff to prove such allegations - It means that averment has been admitted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Delay of 9 years in seeking amendment - Amendment sought was available to defendant at the time of cross examination of PWs 1 & 2 but at that time no question was put to the witnesses - Moreover specific averment in plaint was stated in written statement as not admitted and that it is for..........
Service -- Special procedure - When Rules applicable contemplate method and manner to adopt special procedure, it is mandatory on the part of authorities to exercise such power by adhering to Rule strictly...........
