Civil Procedure Code, 1908, Order 8, Rule 1 -- Additional documents - A party not to be deprived to file documents even if there is some delay as it will lead to denial of justice - If there is delay, Court to impose costs rather than to decline production of documents...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Accident occurred in 2015 - Accused has already undergone 1 month and 10 days of actual custody out of entire sentence awarded to him - He never misused concession of bail/suspension of sentence - Accused is 46 years of age and has one child who is not earning and he is sole bread winner in the..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Summoning of a person as an additional accused can be permitted only if more than a prima facie case as exercised at the time of framing charge, but short of satisfaction to the extent that evidence, if goes un-rebutted would lead to conviction is to be made out...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376 -- Summoning of additional accused - Respondent was declared innocent during course of investigation by assigning sufficient and cogent reasons - There is lack of prima facie material, and case stands short of standard of degree of satisfaction which is required to summon respondent as an..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to claim alternative relief while giving up relief of specific performance - Basic character of suit will not be changed on allowing such an amendment - Even otherwise, plaintiff is entitled to seek alternative/additional relief - Order dismissing application set aside...........
Judicial service -- Appointment - Extension of term - Selection Committee initially recommended extension of respondent as Judicial Member of Central Administrative Tribunal (CAT) - Thereafter, Selection Committee reviewed earlier order on additional material placed before it - Selection Committee recorded that Appointments Committee of Cabinet had returned proposal for..........
West Bengal Land Reforms Act, 1956, Section 8, 9 -- Pre-emption - Deposit of entire sale consideration with additional 10% of the sale consideration, alongwith pre-emption application is a statutory and mandatory requirement and it is a pre-condition before any further enquiry as contemplated u/s 9 of the Act is held - Non compliance of said mandatory provision would..........
West Bengal Land Reforms Act, 1956, Section 8, 9 -- Pre-emption - Non-deposit of entire sale consideration with additional 10% of sale consideration - Pre-emptors contended that they did not deposit said amount because they bonafidely believed that sale consideration mentioned in sale deed is in favour of vendee who is an outsider, was higher than actual sale consideration..........
West Bengal Land Reforms Act, 1956, Section 8, 9 -- Pre-emption - Contention regarding non-deposit of entire sale consideration with additional 10% of sale consideration by pre-emptors, raised first time before Supreme Court and therefore same be not permitted to be raised now - Said contention would go to root of matter on maintainability of pre-emption application as..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Court failed to frame issues in accordance with mandate of O.14.R.1 CPC - Framing of issues is an important step for proceeding in right direction - Impugned order set aside - Proposed additional issues framed...........
