Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Amendment - Cannot be permitted when cause of action for amended counter claim arose after date of filing of written statement or after date of raising of first counter claim...........
Indian Penal Code, 1860, Section 144, 148, 302, 326, 324, 149 -- Acquittal - Appeal against - Free fight between two groups - All the injured prosecution witnesses except PW 1 turned hostile and did not support prosecution case - Injuries on person of accused including one accused having suffered grievous injury remained unexplained - No material to show what happened to..........
Criminal Procedure Code, 1973, Probation of Offenders Act, 1958, Section 360 -- Release on probation - Object of law in realeasing the convicts on probation is to ensure reformation - But if the Court comes to the conclusion that the release would become counter productive or it would not be in the interest of the society, the benefit of provisions of Offenders Act or of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cross case - Accused released on bail in a counter case - Benefit of bail should not be refused to the accused in the other case...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Complainant filed the present complaint against the respondent-bank on 27.4.1995 - Earlier on 14.6.1993, the respondent-bank filed a recovery suit against the complainant in the Debt Recovery Tribunal - Complainant also filed a civil suit against the bank on 16.7.1994 - Complainant failed to explain as to why when..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Can be made even after filing written statement if cause of action arose prior to filing of written statement or prior to the date fixed for filing written statement and that it is filed within limitation prescribed...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Sought to be filed after filing of written statement - Application dismissed - Revision filed - In the meantime evidence of parties recorded - Defendant cannot therefore be permitted to make counter claim at that stage - Dismissal of application by Court below, upheld...........
Excise Act, 1914, Section 61(1)(c) -- Petitioner allegedly found distilling illicit liquor by means of working still in his residential house - Independent witness, though originally joined by the raiding party did not support the prosecution version - Not only gave his counter version but also there are major discrepancies in the statement of the witnesses - Impugned..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Counter blast - Quashing of - FIR against wife for committing murder of her husband - Thereafter wife lodged FIR under Sections 406, 498-A IPC against mother of her deceased husband - FIR lodged by wife quashed being counter blast...........
Hindu Marriage Act, 1955, Section 12(1)(a) -- Petition by wife - Impotence of husband alleged - Husband denied allegation with counter allegation that non-consummation was because the wife has deliberately avoided consummation of marriage even though he was ready and willing to discharge his marital obligation - Held, it does not amount to admission as it is neither..........
