Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - Leave to defend - While granting leave to defend Court imposed condition to give bank guarantee of Rs.15 lac within a period of one month - Defendant raised triable issues in his defence - Reasons not given for concluding that defence is either sham or illusory or is merely a moonshine - Court is..........
Criminal Procedure Code, 1973, Section 377(3), Constitution of India, 1950, Article 136 -- Conviction - Appeal by special leave - Power of Supreme Court - Held, an injured who is an aggrieved party can prefer an appeal by special leave - Supreme Court's power u/Art.136 being of wide amplitude, it can remove injustice when it witnesses it - While entertaining an appeal at..........
Criminal Procedure Code, 1973, Section 377(3), Constitution of India, 1950, Article 136 -- Conviction - Appeal by special leave - Power of Supreme Court - Held, an injured who is an aggrieved party can prefer an appeal by special leave - Supreme Court's power u/Art.136 being of wide amplitude, it can remove injustice when it witnesses it - While entertaining an appeal at..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Suit u/s 92 has to be instituted by two or more persons with leave of court in respect of trust created for public purposes either charitable or religious - It has no application where trust is of a private nature - For bringing a suit u/s.92, existence of a public trust is sine qua non...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Recovery suit - Leave to defend - Sought on the ground that plaintiff has taken advantage of financial conditions of defendants - Not a single document placed on record by defendants to support their stand - Court must consider grant of unconditional leave in such cases where defendant is able to raise triable issue or..........
Criminal Procedure Code, 1973, Section 285(3) -- Examination of witness by video conferencing - Complainant/witness in New York - Her minor children are also there - She cannot leave the children there - Simply because application is not filed by complaint/witness herself and petition is filed on her behalf by her husband, it cannot be said that grounds set out for..........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of document - Additional evidence - Party may file additional documentary evidence, which was not earlier filed and mentioned in the list filed along with pleadings, with the leave of Court at the subsequent stage of suit...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Permission to grant leave to withdraw suit is discretion of Court - While exercising discretion Court is expected to see that one of conditions laid down in O.23.R.1(3) CPC is satisfied - Court is also expected to see that other side is not unnecessarily harassed and due to technical defect justice is..........
Civil Procedure Code, 1908, Order 33, Rule 7 -- Refusal and disallow - Mean the same thing - Refusal to sue as an Indigent person - When court refuses to grant leave U.O.33.R.7 CPC, its consequence is dismissal of indigent original petition...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Leave to amend will be refused if it introduces a totally different, new and inconsistent case or challenges the fundamental character of the suit...........
