Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304A -- Bail - Rash and negligent driving - Accused who is doctor by profession, drove his car after consuming alcohol causing an accident which resulted in death of a person, a pregnant woman suffering miscarriage coupled with injuries to several persons - Argument with regard to vehicle getting..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Putting new facts on record due to engagement/change of new counsel - Fault on the part of counsel or any other reason attributed to counsel cannot be ground for filing of amendment application and allow the same, which was filed after commencement of trial...........
Rent and Eviction -- Non-payment of lease rent - Cultivating tenants themselves admitted that they had given a legal notice showing their readiness and willingness to pay lease rent amount - Therefore, they cannot take a plea that they were handicapped due to COVID-19 Pandemic - Default is of at least three years and time given of two months was not per se inadequate -..........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Corporate Insolvency Resolution Process (CIRP) - Non-payment of a part of debt when it becomes due and payable will amount to default on the part of a Corporate debtor - In such a case, an order of admission u/s 7 of Code must follow...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Condition of due diligence has to be complied with and therefore, it would be equally applicable for plaint and written statement...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - A person in long, peaceful and settled possession cannot be dispossessed even by the true owner without recourse to due process of law...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Facts sought to be produced by way of amendment was well within knowledge of defendant on the date of filing of suit - There is absolute lack of due diligence on the part of defendant - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Dowry death - Deceased expired as a result of "septicaemia due to chronic illness of multiple organs involvement" - Death cannot be termed as "not under normal circumstances" - Ingredients of S.304-B not fulfilled - There..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal - Decided on merits - Appellant could not appear due to inadvertence of his counsel - It is not that he had not appeared from last many occasions - Litigant cannot be penalized for any inaction or mistake on the part of counsel - Appeal restored...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17 -- Withdrawal of suit with liberty to file fresh suit - Impugned order set aside - Plaintiff permitted to file an application for amendment of plaint for curing defect - If such an application is moved and allowed then plaintiff will be given further opportunity to adduce additional..........
