Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Manufacturing and storing of spurious liquor - Husband is already an accused - Wife cannot be made co-accused merely because wife was staying with husband, particularly when there is not even an allegation that wife had indulged in the activities of manufacturing and storing of spurious liquor..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Dispute raised regarding promises and reciprocal promises arising out of agreement - Right of renewal and revision of storage charges as well as the legality and propriety of enhanced demand arose during the subsistence of agreement - Its legality and propriety will depend on the terms of..........
Family Courts Act, 1984, Section 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Provisions of CPC are applicable to proceedings before Family Court and thus Family Court has jurisdiction to entertain an application U.O.9.R.13 CPC...........
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..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Complicity of any person sought to be arrayed as an accused can be decided with or without conducting cross-examination of complainant and other PWs, and there is no mandate to decide the application u/s 319 Cr.P.C before cross-examination of other witnesses...........
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 -..........
Clean hands -- Restoration of petition dismissed in default - Petitioner must approach Court with clean hands - It is not acceptable when false averments are made in the affidavit filed in support of application besides statements of irrelevant and non existing facts...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing recall application - Averments made in affidavit filed in support of application for condonation of delay in filing recall application as well as affidavit filed in support of such recall application, do not make out any sufficient cause either for condonation of delay of about 4 years or for recall..........
Adverse possession -- DW1 himself stated that original defendants applied for getting occupancy right over suit property by filing an application and also filed application before Tehsildar that they have taken land on lease from plaintiff under his ownership - Though said application was rejected, however, said evidence on record show that possession of defendant over..........
