Civil Procedure Code, 1908, Section 115 -- Revision - Order of appointment of arbitrator - Reversed in appeal - Revisional thereagainst - Revision thereagainst not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Suit for specific performance - Amendment of plaint sought to insert phraseology of readiness and willingness - Plaintiff sought leave to amend plaint only when ground to that effect was taken in first appeal by defendant - Held, it was too late in the day for plaintiff to fill up such..........
Criminal Procedure Code, 1973, Section 319, 70 -- Summoning of additional accused - Issuance of arrest warrant - Prosecutrix in her statement u/ss 161, 164 Cr.P.C as well as in Court statement named accused and active role assigned to him - Order taking cognizance on application u/s 319 Cr.P.C is perfectly justified - However, arrest warrant issued against accused is..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Issuance of interrogatories - Dismissal of application - Rules and Orders of High Court specifically stipulating that any such application for the service of Special Kanungo or Patwari Moharrir for preparing excerpts has to be moved only Court of law, naturally petitioner had no other choice but to do so and therefore, trial..........
Criminal Procedure Code, 1973, Section 31 -- Conviction u/ss 279 & 304-A IPC - Not mentioned in order as to whether sentences will run concurrently or consecutively - In was necessary for Magistrate to specify in the order by taking recourse to S.31 of the Code - Having regard to the facts and circumstances of the case and keeping in view the nature of controversy, both..........
Criminal Procedure Code, 1973, Section 31 -- Conviction u/ss 279 & 304-A IPC - Not mentioned in order as to whether sentences will run concurrently or consecutively - It is necessary for Magistrate to specify in the order by taking recourse to S.31 Cr.P.C. as to whether punishment of sentence of imprisonment so awarded for each offence will run concurrently or..........
Constitution of India, 1950, Section 226(2), Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction of Court - Special Civil application (SCA) - Maintainability - Dispute between company and its employees for no, payment of wages after closing of company - Company has its factory at the place which is part of State `G' - Labour Court which entertained the..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife - Enhancement of - Income of husband increased - Exact salary of husband is not given by him - Evidence of PW2 that income of husband increased to 67,000 not denied by husband - Maintenance u/s 125 Cr.P.C is awarded to wife commensurate with life she would have enjoyed if she had lived in husband's household..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Agreement to sell with tenant - No reference in agreement as to handing over possession to tenant or that tenant would continue in possession of the property as purchaser under the agreement of sale - Mere reference of plaintiff being in possession of property as a tenant cannot be considered as delivery..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court of the opinion that Courts below have not properly considered documentary evidence - However, after making said observation High Court did not proceed to consider those documents nor remitted the matter for fresh consideration, rather allowed the appeal - Impugned order set aside - Matter remitted to..........
