Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Petition for quashing order of Magistrate is maintainable and availability of remedy u/s 379 Cr.P.C would not make a petition u/s.482 Cr.P.C not maintainable...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Mere fact that on re-appreciation of evidence, appellate Court is inclined to arrive at a conclusion which is at variance with trial Court, same cannot be reason for interference with order of acquittal...........
Indian Penal Code, 1860, Section 302 -- Murder - Opinion of doctor that suicide cannot be ruled out - High Court acquitted accused by arriving at conclusion that "medical evidence does not conclusively establish that it is a case of homicidal death" and that accused is entitled to benefit of doubt - View taken by High Court a plausible view - No interference warranted in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - While deciding applications for amendments, Courts must not refuse bona fide, legitimate, honest and necessary amendments and should never permit mala fide, worthless and dishonest amendments - No infirmity in impugned order of allowing application for amendment of plaint -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Partition suit - No dispute regarding possession over plot in question - Application filed just for purpose of delaying proceedings of appeal - No infirmity found in impugned order of rejecting application for appointment of local commissioner...........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - Suit for redemption of mortgage and recovery of possession - JD contended that compromise decree cannot be executed being unregistered and passed by Court lacking pecuniary jurisdiction - However, no such allegations are forthcoming nor discernible from the order -..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - In order to thwart execution of compromise decree, JD is required to make out a case that compromise decree is vitiated by fraud, misrepresentation, misunderstanding or mistake...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Non filing of written statement - Defence struck off - Application u/s 151 for taking written statement on record - Plea that wife was ailing - However wife was not on leave from her employment throughout the same period - It shows the casual manner in which proceedings are pursued - Order dismissing application..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Measurement of land within boundaries of plot - Court below dismissed the application for appointment of advocate Commissioner after consideration of evidence and material on record - This Court is not inclined to differ with order passed by Court below - However, defendant..........
Civil Procedure Code, 1908, Section 80 -- Notice - Non-compliance of S.80 CPC - Return of plaint - No relief claimed against officials of State - They impleaded only because plaintiff seeking cancellation of registered sale deed - Insistence by trial Court as to compliance with S.80 CPC is superfluous and unnecessary - Order of return of plaint on ground of no, compliance..........
