Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Concealment of fact that accused was in abroad when filing application, that alone is enough for Court to decline to exercise its discretion u/s 438 Cr.P.C. (S.482 BNSS) in his favour...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Application filed after closure of evidence of defendants and when matter was repeatedly listed for final arguments - Defendant failed to demonstrate what prevented him from filing documents in question earlier - Due diligence has neither been explained nor established - Application..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Documents sought are certified copies of public documents i.e jamabandi and mutation - It cannot be presumed that these were not within knowledge of defendant - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Defendant cannot be permitted to prolong litigation unnecessarily when case is fixed for final arguments - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - When wife discontinued her job due to marital obligations as well as compulsions than she is entitled to get maintenance from husband who is in well paid profession, till she again get the job of sufficient income to maintain herself...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere delay, in absence of prejudice, is not a valid ground for rejection, particularly when refusal would lead to multiplicity of proceedings...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment does not introduce a new cause of action but seeks to further clarify and complete relief already claimed - Proposed amendment is necessary for effective adjudication of real controversy and is based on facts already pleaded - However, considering delay in seeking amendment and the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court is required only to go through averments made in plaint while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-following of procedure while serving defendants is not a ground assigned for rejection of application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Specific plea regarding cause action has been raised by plaintiffs - Whether said plea is factually correct or not, cannot be decided at the stage of O.7.R.11 CPC - Same definitely is a matter to be decided after evidence been led qua the same - Application rightly rejected...........
