Civil Procedure Code, 1908, Order 16, Rule 1 -- List of witnesses - List of witnesses alongwith gist of evidence of each such witness has to be carried out in respect of only those witnesses, for procuring whose attendance the party needs the assistance of the Court...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed question of fact cannot be considered at the stage of quashing and same is to be addressed after proper appreciation of evidence during trial...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Husband sought quashing of FIR on the ground that wife is not legally wedded wife as per proceedings u/s 125 Cr.P.C - However, findings in these proceedings do not have a binding effect on any other civil or criminal Court - Moreover, said issue is not to be..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review is permissible only when there is error apparent on the face of record i.e. error should be grave and palpable, and error must be such as would be apparent on mere looking of record, without requiring any long drawn process of reasoning and reappraisal of entire evidence for finding the error, as..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review lies only on the grounds mentioned in O.47.R.1 r/w S.114 CPC - Party must satisfy Court that matter or evidence discovered by it at a subsequent stage could not be discovered or produced at the initial stage though it had acted with due diligence - A party filing a review application on the ground..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review application can be allowed only on: (i) discovery of new and important matter of evidence which, after exercise of due diligence, was not within the knowledge of person seeking review, or could not be produced by him at the time when the order was made, or (ii) when some mistake or error on the..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Directions issued viz. (a) Court not to insist physical presence of spouses at the time of presenting the petition at the first instance and future hearings ; (b) Petition can be filed by parties or through Power of Attorney holder provided Power of Attorney is registered one or properly adjudicated; (c)..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - PWs repeatedly continued to either absent themselves or file adjournment applications and only insisted for deciding the application u/s 319 Cr.P.C first and only thereafter trial could proceed - Complainant has no such mandatory right to insist that an application be decided in such a manner -..........
Service -- Disciplinary proceedings - Recording of evidence in a disciplinary proceeding proposing charges of a major punishment is mandatory...........
Service -- Disciplinary proceedings - It is sine qua non to record evidence of witnesses for proving the charges even in an ex-parte inquiry...........
