Civil Procedure Code, 1908, Order 7, Rule 11, Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Article 18 -- Rejection of suit - Limitation - For Art.18 of Limitation Act to apply the acknowledgment of liability must be within the period of limitation - The acknowledgment of liability having been made beyond the stipulated period of limitation..........
Indian Penal Code, 1860, Section 341, 294(b), 307, Unlawful Activities (Prevention) Act, 1967, Section 44(2), National Investigation Agency Act, 2008, Section 17 -- Production of name of witnesses - Protection - There was a danger to the life of a witness, the Court was required to apply its mind to decide what measures should be taken to protect the witness as regards his..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought to incorporate alternative relief of possession - Plaintiff was never in possession of suit property as per findings of trial Court - He had claimed ownership on basis of sale deed executed by one `S' - However, ownership of said `S' over suit property..........
Indian Penal Code, 1860, Section 302, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(i), 4 -- Conviction - Police is empowered to register FIR only in cases where some informant comes forward and provides information regarding the commission of a cognizable offence to the police - The extra-judicial confessions and evidence..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence in an appeal - There should be strong compelling reasons for grant of bail, notwithstanding an order of conviction by suspension of sentence and such strong and compelling reasons must be recorded in the order granting bail...........
Protection of Children from Sexual Offences Act, 2012, Section 10, Indian Penal Code, 1860, Section 376(2)(c), 511, 448 -- Offence u/s 10 of POCSO Act and Ss.376(2)(c), 511, 448 IPC - Evidence of victim girl and medical examination report prima facie do not indicate that there was any penetration or rape committed by petitioner on the victim girl nor that he attempted to..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC should be decided along with main appeal - Order allowing application which was decided prior to deciding of appeal set aside - First appellate Court directed to decide appeal along with application U.O.41.R.27 CPC together on merits...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1A(2) -- Appeal - Compromise decree - A person who was not a party to the suit, but whose rights are hurt by a consent decree, may approach Appellate Court in a First Appeal u/s 96 CPC, but only after obtaining leave and in that appeal appellant may by virtue of O.43.R.1-A(2) CPC..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Cannot be allowed by Appellate Court in an appeal filed against order rejecting plaint as Appellate Court has to examine validity of trial courts order rejecting plaint and Appellate Court is not enjoined to decide merits of controversy...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - When one Judge of same Court has taken a particular view holding respondent to be guilty of contempt, another Judge could not have come to a finding that respondent was not guilty of contempt, as same amounts to sitting in an appeal over the order passed by co-ordinate Bench...........
