Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Commencement of trial - No witness has yet been examined - Findings of trial Court that amendment cannot be allowed, as same was filed after commencement of trial not sustainable - Observation of trial Court that pleadings in plaint sufficient to determine the question in controversy is without any basis..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court can quash FIR even when charge sheet is filed during pendency of such petition...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - While invoking inherent jurisdiction, it is wholly impermissible for High Court to enter into factual arena to adjudge the correctness of allegations in the complaint...........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant for further examination - Complainant was examined before report of CFSL (Central Forensic Sciences Laboratory) came - At the time of initial deposition there was no occasion for complainant to bring relevant facts before Court which arose after CFSL expert was examined - Moreover, if opportunity is given..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Proclaimed offender not entitled to anticipatory bail - However, in an exceptional and rare case, Supreme Court or High Court can consider plea seeking anticipatory bail, despite the applicant being a proclaimed offender, given that Supreme Court and High Courts are Constitutional Courts...........
Civil Procedure Code, 1908, Order 13, Rule 1(3) -- Cross examination of the witness - Provision of O.13.R.1(3) CPC would apply when witness of the party is being cross examined and not when the party i.e. plaintiff or defendant, as the case may be, is being cross examined. (2014(Suppl.) Civil Court Cases 311 (Rajasthan) followed...........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Murder case - High Court decided the appeal on the same day on which advocate was appointed - Advocate appointed to represent accused thus, was not granted even a reasonable time to prepare herself - Impugned order set aside - Matter remanded for consideration afresh...........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Murder case - High Court decided the appeal on the same day on which advocate was appointed - Advocate appointed to represent accused thus, was not granted even a reasonable time to prepare herself - Impugned order set aside - Matter remanded for consideration afresh...........
Criminal Procedure Code, 1973, Section 323 -- Committal of case to Sessions Court - Power u/s 323 Cr.P.C may be invoked by Magistrate at any stage of proceeding prior to signing of judgment...........
Criminal Procedure Code, 1973, Section 323 -- Committal of case to Sessions Court - Power u/s 323 Cr.P.C may be invoked even after deposition or examination-in-chief of a witness - Key requirement is that Magistrate must feel that case is one which ought to be tried by Court of Sessions...........
