Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Counsel cannot be given liberty to argue a fact before Court based upon his personal knowledge which is not part of pleadings - To bring any new facts before Court, an affidavit is required to be filed by plaintiff or defendant, as the case may be, alongwith opportunity of rebuttal to other side...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim protection was granted to accused - However, Supreme Court granted four weeks time for filing counter affidavit as prayed by State - No counter affidavit has yet been filed - Order granting interim protection to accused is thus, made absolute - Anticipatory bail granted...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 105 days in filing appeal - Counsel for appellant for whatever reason chose not to file and/or genuinely forgot to file the appeal - Litigant cannot be made to suffer on account of conduct/inaction of counsel - Moreover, once the inaction came to light, she has taken a stand, changed the counsel and has..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Civil Procedure Code, 1908, Order 13, Rule 1, 4 -- Power of attorney - Production and proof - Power of attorney executed by wife in favour of husband and husband appeared as PW1 being power of attorney of plaintiff with a specific stipulation in this regard in his affidavit of examination-in-chief - There was no cross examination conducted on this point - In such..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents sought to be produced is the affidavit in evidence of respondent's son in another trial - However, necessary pleading is not available in the plaint with regard to affidavit in evidence or contents thereof - Petitioner can use the evidence on affidavit during course of cross-examination..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Family Court decided the matter based on affidavit of assets and liability filed by wife, whereas, husband had not filed any affidavit of his assets and liabilities - There is clear discrepancy between parameters of income and liabilities taken into consideration by Family Court and documents placed on..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Pre conditions to be satisfied before seeking investigation u/s 156(3) Cr.P.C. are : (i) Application to be supported by an affidavit duly sworn by the complainant; (ii) In an appropriate case, Magistrate would be well advised to verify the truth and also verify the veracity of the..........
Indian Penal Code, 1860, Section 376(2)(n), 506II -- Rape - False promise of marriage - Prosecutrix is major aged more than 31 years - Accused and prosecutrix were having long standing relationship for more than 5 years as has been stated by her - Prosecutrix did not lodge any report of rape against accused though she did not believe false promise of marriage made by him -..........
