Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Plaintiff failed to prove its case - Trial Court dismissed the case - Appellate Court while affirming finding of trial Court has recorded a finding that plaintiff cannot take advantage of lacuna in the case of defendant to obtain a decree in his favour as plaintiff has to stand on..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Delay in filing application u/s 391 Cr.P.C cannot be held to be fatal, as appellate Court had suo moto power to exercise discretion u/s 391 Cr.P.C and call for additional evidence after recording reasons therefor...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Once Court allowed application u/s 391 Cr.P.C, Appellate Court was not justified in dismissing main appeal in which said application was filed, as interlocutory order allowing application would not survive independently once main appeal was dismissed...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Consent of complainant for closing his evidence, cannot be held against him while entertaining application u/s 391 Cr.P.C, as in any event, irrespective of his willingness or otherwise, appellate Court was always at liberty to exercise power independently u/s 391 Cr.P.C, once it was held..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit not to be dismissed - Plaint to be returned with liberty to present the same before Court having territorial jurisdiction...........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 61, 85, Arms Act, 1959, Section 25, 54, 59 -- Transfer of investigation to CBI - Recovery of Heroin and arms - Report of Special Director General of Police shows that police officials while investigating case committed offence u/s 58 of NDPS Act, which..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance allowance - Cannot be ordered to be deposited in Bank account, as it is meant to be released to party or to next friend in case party is a minor - Direction issued to husband to open Bank account in the name of minor daughter and to deposit monthly maintenance allowance in her favour, set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughter - Husband contended that wife remarried - However, husband failed to produce any documentary evidence in this regard - Wife on the other hand failed to enter into box to state truth about allegation that she married another person and was staying with him - Failure of wife to tender evidence to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughter - Husband contended that wife remarried and daughter is admitted in Yatheemghana - However, husband failed to examine any witness and to adduce any documentary evidence to justify said averments - Daughter is admitted in educational institution in 6th standard which is not a Yatheemghana - Monthly..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficiency of Court Fees - Not fatal to maintainability of suit, as plaintiff is to be granted a reasonable opportunity to make up said deficiency before decree is drawn - Plaint not liable to be rejected...........
