Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Dispossession after filing of suit - Amendment sought after a delay of more than one year eight months of the subsequent event - No reason for said delay - Moreover, there is no prayer for possession and if plaintiff is dispossessed after filing of suit, he is having a separate cause..........
Advocates Act, 1961, Section 35, 38 -- Professional misconduct - Gross negligence - In discharge of professional service to client - In the instant case, complainant alleges that cheque handed over to advocate for initiating criminal action was not handed over to him - However, as per advocate, he returned cheque but he failed to get acknowledgment from complainant - Said..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - A part of the plaint cannot be rejected - If no cause of action is disclosed, plaint as a whole is to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is plaint and plaint alone which is to be considered - In case plaint indicates a cause of action then falsity of the claim is a matter to be determined at the trial...........
Constitution of India, 1950, Article 142, 32 -- Judicial direction - No state action is under challenge - Plea of prejudice that has been advanced has no legs to stand upon as petitioner have approached Court for directions - There is distinction between judicial function and legislative action and similarly executive action and direction from Court...........
Constitution of India, 1950, Article 142, Transfer of Prisoners Act, 1950, Section 3 -- Inter state transfer of under trial prisoner - Equity cannot override law - S.3 of 1950 Act bestows power on State Government to transfer an accused to another State after consulting other State - Such an action by State has to be totally controlled by circumstances - When State passes..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment of eviction petition allowed, viz. (i) proposed amendment does not change the nature of suit; (ii) amendment does not introduce any fresh cause of action; (iii) amendment is relevant for deciding the question of subletting and availability of alternative accommodation with tenant; (iv) facts..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration and mandatory injunction - Plaintiff himself admitted that one of survey no of suit property stood in the name of one person - Having not impleaded the said person, suit is hit by no, joinder of necessary party...........
Indian Penal Code, 1860, Section 300, 302 -- Murder - Death sentence - "Rarest of Rare Case" - Accused murdered his son and wife in house - Extra marital relation between accused and sister of wife, serve motive for murder - While applying test of "Rarest of Rare Case" it is perception of society which must be considered and not option of Judge and society would abhor rape..........
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 154, 482 -- Writ - Mandamus - FIR - Petition has merely levelled allegations of corruption on basis of information collected by him without there being any material to substantiate allegations - No document has been placed on record indicating, prima facie, that circumstances warrant direction..........
