Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment of eviction petition allowed, viz. (i) proposed amendment does not change the nature of suit; (ii) amendment does not introduce any fresh cause of action; (iii) amendment is relevant for deciding the question of subletting and availability of alternative accommodation with tenant; (iv) facts..........
Criminal Procedure Code, 1973, Section 482, 190, Indian Penal Code, 1860, Section 302 -- Quashing of order - Order taking cognizance - Custodial death of accused - 18 injuries found on the dead body of accused - Out of which injury no.1 & 2 caused death of accused - Magisterial enquiry held by SDM, which opined that death of accused occurred during police custody for which..........
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 154, 482 -- Writ - Mandamus - FIR - Petition has merely levelled allegations of corruption on basis of information collected by him without there being any material to substantiate allegations - No document has been placed on record indicating, prima facie, that circumstances warrant direction..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dispute regarding ownership - Admittedly, property was leased out in year 2007 and application was filed for eviction on 2013 - Litigation qua title is already pending in civil proceedings and the same as such would have no immediate bearing on East Punjab Urban Rent Restriction Act - Thus, where..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance - Recalling of order - Power of Court - Order passed by Court can be recalled, if there is error of law resulting in miscarriage of justice to parties...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - At appellate stage - Permissibility - Evidence relating to subsequent happening or events which are relevant for disposal of appeal is permissible - But is not open to any party at the stage of appeal to make fresh allegations and call upon other side to admit or deny the same - Hence, additional..........
Criminal Procedure Code, 1973, Section 82, 83 -- Issuance of process u/s 83 Cr.P.C. - Quashing of order - Petitioner while challenging impugned order already joined trial and is released on anticipatory bail - Purpose of proceedings u/ss 82, 83 Cr.P.C. is to initiate proceeding qua accused for joining investigation - Since said purpose is already met, impugned order for..........
Criminal Procedure Code, 1973, Section 156(3) -- Investigation - Direction to police to investigate and file charge sheet - Order by which Magistrate directed police to file charge sheet is beyond his jurisdiction - Registration of FIR and filing charge sheet are two different things - Registration of FIR does not ipso facto mean that in all circumstances police has to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 1(r) -- Appeal - Ex parte injunction order - Provisional, temporary or interim order rendered U.O.39.Rr.1, 2 CPC is appealable U.O.41.R.1(r) CPC - However, aggrieved person can also recall such ex parte interim injunction order...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Ex parte injunction order - Order is appealable U.O.41.R.1(r) CPC - Revision against same is not maintainable, as remedy of revision u/s 115 CPC is available against orders against which statutory appeal is not provided...........
