Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to add expression `willing' after expression `ready' in plaint - Certain other amendments were also sought, which are clarificatory in nature - Plaintiff stated that due to mistake by earlier counsel, certain averments which ought to have been made, could..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Closure of opportunity to file written statement - Defendant was not keeping well and could not sign written statement and also could not attend the Court below - Said fact was brought to notice of Court below, but despite request made by counsel for defendant, he was not been granted opportunity to file..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Death of defendant - Counsel for defendant informed Court regarding death of deceased on 9.1.2012 - Application U.O.22.R.4 CPC filed on 2.4.2012 i.e within 90 days - It cannot be said that suit had abated - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 207, Evidence Act, 1872, Section 3 -- Issuance of copy of material objects to accused - `Tablet' produced before Court is material object and accused not entitled to a copy of it - But counsel of accused shall be allowed to examine it in his presence and take notes in presence of prosecutor under direct supervision of Chief..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration of title and recovery of possession - Certified copy of gift deed sought to be produced by way of additional evidence by defendants - No material on record that gift deed was handed over to counsel for defendants - Attributing misconduct on part of counsel per se..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Recall of judgment - Ex-parte decree - Non-joinder of legal heirs - Suit for declaration - Once the applicants were aware of pendency of matter and were represented by a counsel, applicants cannot be held did not have notice or they were prevented by sufficient cause from appearing - Application for rehearing the appeal,..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Delay - Condonation - Delay of 74 days in filing of appeal - Period of limitation for filing appeal is 60 days - Satisfactory grounds have been furnished for delay to which personal pre-occupation of counsel also comprised a contributory factor - There is no gross negligence or deliberate inaction or..........
Criminal Procedure Code, 1973, Section 378(5), Limitation Act, 1963, Section 5, 14 -- Appeal against acquittal - Leave to appeal - Delay in filing leave to appeal - Exclusion of time - Appellant on the advice of his counsel approached Sessions Court instead of approaching High Court under provision of S.378(5) Cr.P.C - Time taken by appellant to bona fide pursue appeals..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit for partition - Preliminary decree affirmed by Apex Court - Plea of minority - Appellant was already on record as legal heir of M and was represented by a counsel - Claim of appellant, who admittedly turned major at the time of passing of decree, was considered by Apex Court on merits also and her plea in opposition to..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11(a) -- Rejection of plaint - Non-disclosure of cause of action - Suit for damages for defamation - Issuance of notice by counsel on behalf of his client to another counsel or party does not constitute defamation as there is no publication of defamatory material - In suit for damages, cause of action will arise only..........
