Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), Civil Procedure Code, 1908, Order 13, Rule 3(a), Civil Procedure Code, 1908, Order 18, Rule 17, Evidence Act, 1872, Section 137 -- Document not produced with pleadings - Production/showing of documents, for the first time, to witness in his cross examination -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Clerical/typographical mistake - Suit for declaration claiming to be co-sharer co-owner to the extent of 1/4th share in the suit land - Amendment of plaint sought to incorporate one Kill No. - Amendment neither changes the area of land nor its location and even after amendment share of plaintiff will..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issue - Suit for specific performance - Framing of additional issue as to readiness and willingness on the part of plaintiff to perform his part of contract - Such an issue is necessary for effective adjudication of case - Pleadings in this respect denied by defendant - Trial Court directed to frame additional..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused can be summoned on basis of examination-in-chief of witness only and need not wait for cross-examination etc. - Test for summoning of accused u/s 319 Cr.P.C are same as applicable for framing charge...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C can be exercised by Court against a person not named in FIR or no charge sheet is filed by police against him...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C should not be exercised merely on statement of complainant or witnesses who have reiterated their statements recorded u/s 161 Cr.P.C during course of investigation, which I.O did not find credible and cogent on basis of evidence collected by him...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial Court while summoning petitioner has not considered overwhelming evidence collected by I.O during course of investigation which would demonstrate that petitioner was not present at the time and place of occurrence - Impugned order of summoning of petitioner is unsustainable and against..........
Criminal Procedure Code, 1973, Section 391, Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Additional evidence at appellate stage - Re-examination of victim - Rape of 17 years old girl - Victim clearly stated in her evidence that she was 17 years on the day of occurrence and accused had made a false promise that he would marry her and against her..........
Service -- Appointment - Shifting of candidates selected against reserved category to open category - Cannot be termed as illegal or invalid on any count, particularly when additional posts were available and these posts were part of same selection process...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused can be summoned on basis of even examination-in-chief of witness and Court need not wait till his cross-examination - If on basis of examination-in-chief of witness Court is satisfied that there is a prima facie case against proposed accused, Court may in exercise of powers u/s 319..........
