Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - Sought at the stage when case is fixed for judgment - Application is not maintainable - Trial Court committed grave error by allowing such application - Impugned order set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Trial Court committed error by concluding that there was prima facie case regarding three properties for which injunction was ultimately granted without discussing as to how suit properties were joint - On this count alone order passed by trial Court cannot be sustained and hereby..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Both parties have lead their evidence - Typographical error - Amendment in question is not proved to be bonafide as there will be vertical change in stand of plaintiff, instead of Northern and Eastern portion of alleged encroachment, now portion will be Northern and Eastern and Western - Total dimensions..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Transfer of case - Divorce petition - High Court committed error while transferring divorce petition from `S' to `B' in favour of wife, particularly when husband is taking care of child who is nine years old and is suffering from malignant disease - High Court should have used its discretion in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 427, 435, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1) -- Quashing of summoning order - Offence u/ss 323, 324, 427, 435 IPC and S.3(1) of SC/ST Act - Cognizance of offence cannot be taken on the basis of affidavits of complainant and witnesses,..........
Criminal Procedure Code, 1973, Section 397, Evidence Act, 1872, Section 3 -- Revisional jurisdiction - Re-appreciation of evidence - High Court in revision cannot in absence or error on a point of law, re-appreciate evidence and reverse a finding of law...........
Civil Procedure Code, 1908, Section 151, 152, Order 23, Rule 3A -- Rectification/correction of compromise deed - Scope of Ss.151, 152 CPC is only to rectify the clerical error in the judgment - Scope cannot be extended to meet out the allegations of fraud in recording compromise and passing of consequent award on the basis thereof - If at all plaintiff is aggrieved by..........
Constitution of India, 1950, Article 226, 227 -- Special Civil Application (SCA) - Maintainability - Order passed by Tribunal - Tribunal not made party to proceedings - Tribunal is not required to defend its orders when they are challenged before High Court in a SCA u/arts 226, 227 of Constitution, as Tribunal is not a necessary party - Even if High Court was to require..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 13(4), 17 -- Rejection of plaint - Jurisdiction of civil Court - Dispute raised by the plaintiff in the suit filed is of civil nature which is cognizable by the civil Court of competent jurisdiction -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 418, 420 -- Quashing of proceedings - Cheating - Dishonour of cheque - Compromise arrived at between parties outside Court - Matter neither involves any offence of heinous nature nor having any societal impact and dispute has come to an end under..........
