Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Diametrically opposed stand sought to be projected by way of amendment - If allowed will cause prejudice to the other party which cannot be compensated with costs - Order of trial Court declining amendment upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit for specific performance - Agreement alleged to be forged and fictitious document and that it is prepared by plaintiff in connivance with the witnesses - Amendment sought to take the plea that the alleged agreement was executed by `Bhim Singh' deceased the predecessor-in-interest of the..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Suit for recovery of money - When defendant is got restrained from alienating his property, then order to attach property before judgment should not be made...........
Criminal Procedure Code, 1973, Section 178, 179 -- Territorial jurisdiction - On recoding of evidence if Court feels that cause of action does not fall within its jurisdiction then the appropriate order can be passed but the complaint cannot be thrown away on this count...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Exparte order - Setting aside - Court has power to set aside exparte order and to impose costs and put the applicant on terms - Costs to be imposed should be reasonable so as to compensate the plaintiff for the loss of time and inconvenience - Court can direct the defendant to file written statement within an appointed time or..........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 5 -- Muslim woman - Maintenance - Awarded at Rs.500/- to wife and Rs.400/- to son - Contention that no consent of parties as provided under S.5 of Muslim Women Act had been filed and order passed by Magistrate is invalid - Appellant agreeing to continue payment of..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Unless order sought to be reviewed suffers from error apparent on face of order and permitting order to stand will lead to failure of justice, no interference can be made in review jurisdiction...........
Civil Procedure Code, 1908, Order 16, Rule 1(3) -- Summoning of witnesses - Application rejected on ground that liberty had been given to petitioner to produce his witnesses, which he failed to produce despite opportunity - Witness a doctor, not willing to appear without summons - Duty of Court is to summon such witness - Impugned order set aside...........
Civil Procedure Code, 1908, Order 10 -- Defendant directed to appear in person under Order 10 CPC - Defendant failing to appear inspite of several opportunities as such defence of defendant stuck of - Order upheld...........
Criminal Procedure Code, 1973, Section 319, 397, 401 -- Charge framed against 15 on police report - Subsequent addition of 5 others - Trial Court satisfied on basis of oral and documentary evidence as to involvement of those 5 others and taking cognizance against them - Order of Magistrate well reasoned - If two views are possible at stage of taking cognizance, one..........
