Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 33, Rule 1 -- Application by defendant for amendment of reply to application U.O.33.R.1 CPC filed by plaintiff has been dismissed - Amendment sought to be incorporated has been extracted in order which reveals that it is explanatory as after certain paragraph, word to word was sought to be..........
Criminal Procedure Code, 1973, Section 437(5) -- Cancellation of bail - Non-compliance of order passed in civil proceedings, cannot be made basis of cancellation of bail in a criminal case, particularly when said order is under challenge in Supreme Court and contempt proceedings were already initiated against accused...........
Criminal Procedure Code, 1973, Section 325 -- Reference by Magistrate - Power to segregate the case - Magistrate can choose to refer only those accused to CJM regarding whom he is of the opinion that they are guilty while proceeding ahead to pass order/judgment in respect of other co-accused found not guilty...........
Civil Procedure Code, 1908, Order 11, Rule 11, 21 -- Application seeking relief U.O.11.R.11 and in the alternative relief sought U.O.11.R.21 CPC - Relief not sought under both the provisions simultaneously - Relief U.O.11.R.21 can be granted after passing an order U.O.11.R.11 CPC - Even if both the reliefs were prayed simultaneously, Court ought to consider the relief..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses - At the instance of prosecutrix and not public prosecutor - Public prosecutor did not raise any objection to the maintainability of application filed by prosecutrix - Court not bound by technicalities to ensure fair trial and to elicit the truth - Technicalities should not stand in the way of determining..........
Criminal Procedure Code, 1973, Section 125, 397, 482 -- Revision - Order rejecting or allowing an application for maintenance u/s 125 Cr.P.C is not an interlocutory order which adjudicates rights of parties to some extent - Revision against said order is maintainable u/s 397 Cr.P.C - Application u/s 482 Cr.P.C against such order thus, not maintainable, as powers of High..........
Criminal Procedure Code, 1973, Section 116(6), 111, 107, 150 -- Enlargement of time for inquiry - Inquiry u/s 111 Cr.P.C - Proceedings u/s 107, 150 Cr.P.C - Provision contained in S.116(6) Cr.P.C is mandatory not directory and inquiry is required to be completed within 6 months - Incomplete inquiry can be continued only if Magistrate passes an order extending period with..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Neither FIR nor charge sheet mention the name of appellants - Complainant mentioned the names of appellant for first time in High Court that too without any substantive evidence - Impugned order of High Court to summon additional accused, not justified, hence set aside - Appeal allowed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Quashing of order dismissing complaint - Cheating - Monetary transaction - Allegation that accused allured complainant to join them in their business of purchasing plots - However, complainant failed to prove that money was ever given to accused at the time when plot was..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Person of unsound mind - Appointment of guardian - Enquiry U.O.32.R.15 CPC not conducted by Family Court before taking a decision that respondent was not suffering from any mental illness or mental infirmity - It is not known on what basis Court below has reached such a conclusion - There is nothing to indicate that Family..........
