Criminal Procedure Code, 1973, Section 156(3), 197 -- Complaint u/s 156(3) Cr.P.C. - Police official discharging his official duty - There must be a prior sanction to proceed against such officer - Filing of private complaint itself is abuse of process of law - Moreover, entertaining such complaint and directing to register FIR without applying mind by Magistrate is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Once finding of fact recorded by two Courts below are justified and based on due appreciation of evidence, re-appreciation of evidence at the stage of second appeal in order to draw a different conclusion is not warranted...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Additional issue - Suit for declaration and possession - Defendant raising plea of adverse possession - Framing of additional issue with regard to adverse possession - Trial Court striking issue in that regard placing onus of proof upon defendant - Order upheld...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of L.R's - Two independent proceedings - It cannot be said that substitution application filed in one proceeding is sufficient and only formal application is required in other proceeding - Substitution application not properly filed and Court in place of taking liberal view, took a arbitrary view which cannot be..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Publication of proclamation was effected on 15.12.2018 - Mandatory period of 30 days had not elapsed on 21.12.2018 - Case was adjourned solely for the said reason to 18.1.2019 when order in question was issued - Order passed u/s 82(1) Cr.P.C is in violation of statutory procedure prescribed under Cr.P.C, as period..........
Civil Procedure Code, 1908, Section 100, Order 9, Rule 9 -- Second appeal - Order passed U.O.9.R.9 CPC do not have trappings of decree - Second appeal u/s 100 CPC held, not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amended plaint - O.6.R.18 CPC gives outer limit of 14 days to comply with the order of amendment - If same is not complied with, Court has liberty to extend the time in a given case and such discretion given to Court is to be exercised by considering the relevant fact...........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amended plaint - Condition to pay Court fee not complied with - Plaintiff failed to make prayer for extension of time - On the contrary, defendants asked for deletion of amendment which was sought by plaintiff - Court rightly allowed the application - High Court declined to extend the period as order of paying Court fee..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for cancellation of sale deed - Amendment sought to incorporate relief of specific performance - Amendment sought by plaintiffs not barred by limitation, as when plaintiffs came to know about sale of suit property they filed suit in 2009 and application filed in 2012 is within three years of..........
Criminal Procedure Code, 1973, Section 31 -- Sentence - Conviction for two or more offences - High Court in revision maintained the conviction but found that order as to sentences to run consecutively not correct and ordered the sentences to run concurrently - Direction issued by High Court is in consonance with provision of S.31 Cr.P.C. which confer full discretion to..........