Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Can be allowed at any stage before judgment is pronounced if Court comes to a conclusion that amendment is necessary for complete and effectual disposal of the case and that by allowing amendment, no prejudice would be caused to the defendants...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought to change description of suit property in a suit for permanent injunction - Can be allowed at any stage before judgment is pronounced - No valuable right accrues to the defendant due to boundary description and there is no admission which is sought to be taken away - Order allowing amendment,..........
Civil Procedure Code, 1908, Section 60 -- Execution - Exemption from attachment - Gratuity, provident fund, insurance and other compulsory deposits of the deceased employee - Cannot be attached, unless the same is actually received by the judgment-debtors...........
Criminal Procedure Code, 1973, Section 360, 361 -- In a case where Court could have dealt with an accused u/s 360 of the Code, and yet does not want to grant the benefit of the said provision then it shall record in its judgment specific reasons for not having done so - Mandatory duty cast on Magistrate not performed - While upholding conviction matter remitted to trial..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Appellate court - Judgment of - Nature of provision of O.41.R.31 CPC - Held, provision is mandatory in nature - When appellate court fails to follow mandatory requirement of O.41.R.31 CPC, judgment of appellate court cannot be sustained in law...........
Criminal Procedure Code, 1973, Section 401 -- Acquittal - Appeal against - Trial Court and First Appellate Court found accused guilty and High Court acquitted the accused - Evidence of witnesses and conclusions of trial court and first appellate court have not been referred to at all - Two courts below had found accused persons guilty - Held, High Court has even not..........
Criminal Procedure Code, 1973, Section 354 -- Pronouncement of judgment - Presence of accused - Duty of court - Held, while it would have been ideal for Magistrate to adjourn pronouncement of judgment to a future date and to secure presence of appellant by causing a warrant to be issued against him, appellant's absence is not a very serious infraction, particularly since..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Plea that very little progress has been made in complaint case and that more than 11 years have passed - Petitioner himself is a senior citizen and pendency of criminal complaint for a long number of years constitutes a harassment - Held, learned MM directed to complete trial..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Principles governing - Analysed - Fixation of market value equivalent with reference to contemporaneous sale transaction is valid - When owner himself has purchased the land few years earlier to the notification u/s 4 of the Act, then consideration mentioned in the sale deed forms..........
Contract -- Non-performance of contract due to weather conditions - Applicant, who had not completed work during stipulated time limit as stated in initial contract was at liberty to walk out of contract if it was not possible for him to maintain this progress rate due to extreme weather conditions - Once he had not chosen not to walk out and had entered into..........
