Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused was not named in FIR - However, he is named as one of assailants - Material for forming requisite satisfaction cannot be said to be non-existent - Accused rightly summoned...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Complaint u/s 498-A IPC filed by wife does not loses its significance merely because it was filed after receiving divorce notice from husband...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Permission to file - Rejoinder filed alongwith the application - Possibility of establishing new case and changing nature of suit not visible - As litigation is still at its preliminary stage as such no adverse affect would take place to the interest of parties, if such rejoinder is taken on record - Order allowing..........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Execution - Third party objections - Execution filed against brother of petitioner - Petitioner came up for the first time in execution case with a plea that if decree is executed he would be dispossessed, as he has right, title and possession over property in question - He did not take any steps to ventilate his..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Extension of time for investigation - Mere virtual presence of accused will not serve any purpose if he is not aware of filing of application for extension of investigation and there are no materials to suggest that accused was granted an..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Extension of time for investigation - Court failed to inform the accused as regards filing of application for extension of investigation and also failure to inform him of his right to object - Order allowing application for extension of time..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Merits of amendment should not be adjudged at the stage of allowing or dismissing prayer for amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought before commencement of trial and to insert an additional relief - Amendment sought is to avoid multiplicity of proceedings and for effective and proper adjudication of controversy between the parties - Amendment allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purpose of invoking O.7.R.11 CPC, no amount of evidence can be looked into...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Reading plaint in its entirety reveal that suit is barred by limitation even without considering case of defence - Order rejecting plaint, upheld...........
