Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Impleadment of third party on the ground that third party may have some material which would assist Court to arrive at correct determination of lis is impermissible in law - Such a person may be material witness, he certainly is neither a necessary nor a proper..........
Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal by an indigent person - Appellant has no means to pay Court fee - Property owned by appellant forms basis of two different suits in which decree is passed against him - It was required on the part of Court concerned to conclude about inability to pay Court fee - However, no enquiry as such vis-a-vis paying capacity of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Application dismissed only on the ground that same had been filed at the fag end of trial - Issue as to whether amendment in question ought to have been allowed keeping in view the facts which have emerged in the cross examination of respondent-landlord not touched upon - Impugned order set..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Deficiency in service - Consumer Forum which has a limited jurisdiction to find out if there was any deficiency in service, could not have allowed complaint on the basis of sketchy pleadings supported by doubtful evidence - Since there was no categorical evidence of any deficiency in service..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Abatement of appeal - Death of plaintiff - Copy of intimation of death of plaintiff as submitted by his counsel was not served upon counsel for appellants - No material to suggest that fact of death of plaintiff before first appellate Court was mentioned in order sheet of appeal - Finding of abatement recorded by appellate..........
Negotiable Instruments Act, 1881, Section 138, 148, 143A -- Dishonour of cheque - Power of appellate Court to order payment pending appeal against conviction - Appellate Court ordered to deposit 20% of compensation for suspending execution of sentence of imprisonment - Said order held, unreasonable - Quantum of deposit 20% of cheque amount modified to 5%...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Plaintiffs in a suit challenging revocation of respective licenses, cannot be permitted to challenge respective mortgages/charges created on entire premises as void ab-initio by way of amendment - Order allowing amendment set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration - Revocation of license is subject matter of respective suits - Plaintiff by way of amendment want to challenge mortgages/charges on entire premises created by defendant - Original plaintiffs being licensee are aware that there shall be charges/mortgages on entire premises, now..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 302, 201, 120B, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - While granting bail High Court not considered heinous nature of allegations, gravity of offence alleged and severity of punishment in the event of ultimate conviction - Ex facie the allegations are..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 323, 341, 354, 379 -- Anticipatory bail - Rape - Recoveries in the case are yet to be made - Accused not fully cooperated in the investigation - Considering seriousness of offence alleged, it is not a fit case for grant of anticipatory bail - Order granting anticipatory bail set aside...........
