Criminal Procedure Code, 1973, Section 239 -- Discharge - While considering discharge application, Court is to exercise its judicial mind to determine whether a case for trial has been made out or not - In such proceedings, Court is not to hold mini trial by marshalling the evidence...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Juvenile - Murder case - While rejecting bail application of juvenile, it cannot be criteria that alleged offence is of serious and heinous nature - Order must show that grant of bail to juvenile is against his interest as there is possibility of his being associated with known criminals, or..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate several facts which plaintiff came to know from written statements filed by defendant No.2 and defendant No.7 - Trial of case not yet started - Whether pleas raised in application for amendment are true or not cannot be gone into while deciding whether or not to permit..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application - Attention of Court drawn towards plea in written statement - Held, while deciding application U.O.7.R.11 CPC, Court is required to see averments made in the plaint - Court is not required to see the averments in the written statement or the stand of defendants - Order..........
Evidence Act, 1872, Section 137, 138 -- Re-examination of a witness - Witness supported the Will - Slight variation in cross examination due to old age - Order allowing application, upheld...........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Additional evidence at appellate stage - Dishonour of cheque - Second application moved by accused u/s 391 Cr.P.C on the same issue without any material change after 7 months of rejection of first application u/s 391 Cr.P.C - However, Appellate Court proceeded to allow the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Application by accused for summoning of Income tax return of complainant for the year 2013-2014 - These documents are relevant to establish financial capacity of complainant at the relevant time - Application allowed - Complainant directed to produce income tax..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Where serious factual disputes and defence of defendants in suit is on record, it is not permissible for making roving enquiry for disposal of application filed U.O.12.R.6 CPC...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for specific performance - Plea that pages 3 & 4 of the agreement are tampered and their signatures are fabricated - When specific issue is already framed regarding agreement being tampered and fabricated as alleged by defendant, it cannot be said that there are categorical and unconditional..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Juvenile - Murder case - Report of Probation Officer is on record and there is nothing adverse in report on basis of which an adverse inference may be drawn against him - Case of prosecution is based on circumstantial evidence - There is no direct evidence and nobody has seen juvenile..........
