Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Averments in application seeking appointment of Commissioner itself sufficient to come to a conclusion that appointment was sought only for the purpose of collecting evidence - Commissioner cannot be appointed for collecting evidence - Order dismissing application, upheld...........
Criminal Procedure Code, 1973, Section 216 -- Addition of charge - Charge u/ss 406, 420 IPC - Accused allegedly raised demand of Rs.5 lakhs for securing doctor's job for complainant's daughter in UK - Complainant borrowed such amount from PW5 and paid it to accused in presence of PW5 and PW6 - Without pronouncing on probative value of such evidence, there exists sufficient..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal dismissed without deciding application U.O.41.R.27 CPC - Impugned order set aside - Matter remitted back to appellate Court to decide appeal afresh on merits along with application U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for temporary injunction allowed - Suit for possession - Petitioner seeking exclusive possession on the basis of oral partition - There is no entry in revenue record with regard to oral partition - Moreover, land in dispute is stated to be agricultural and therefore, the petitioners cannot raise any..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Late production of document - Document sought to be produced when case was at the stage of arguments - Document not produced earlier due to inadvertence - Provision of O.7.R.14 CPC not meant for this purpose - Said provision can come to the rescue of a party who bona fidely could not place a document earlier on record and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 504, 506(2) -- Anticipatory bail - Offence u/ss 504, 506(2) IPC - Taking into consideration facts of case, nature of allegations, gravity of offences, role attributed to accused, anticipatory bail granted to accused with conditions - Despite order granting anticipatory bail, it would be open for..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Jurisdiction of High Court u/s 439 Cr.P.C is limited to grant or not to grant bail pending trial - However, Single Judge has collated data from State and made it part of order after decision of bail application as if Court had inherent jurisdiction to pass any order under guise of improving criminal justice system in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and three minor children - Denied on the ground that wife herself does not want to live with husband - Said finding is baseless and deserves to be set aside - Order denying maintenance to wife set aside - Matter remanded back to Family Court for fresh decision...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Opportunity to cross-examine PWs not availed by Amicus Curiae (appointed for defending accused), as a result of which it was closed by trial Court - Since legal aid provided by Amicus Curiae was not real and effective, as he denied to cross-examine PWs, therefore impugned order is passed on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea sought to be raised by way of amendment is totally inconsistent with original plea raised in the case - Trial Court should not have permitted defendants to raise such a plea by way of amendment after commencement of trial - Order allowing amendment application set aside...........
