Criminal Procedure Code, 1973, Section 193, 319, 209 -- Addition of new accused - Sessions Court cannot add a new person to array of accused in a case pending before it at a stage prior to collecting any evidence - From stage of committal till Sessions Court reach stage indicated in Section 230 i.e. collection of evidence Court can only deal with accused referred to in..........
Civil Procedure Code, 1908, Section 34 -- Liability to pay interest - Suit decreed not only for principal amount but also for interest prior to filing of suit - Decree silent while granting interest at 6% from date of institution of suit till date of realisation - Not specifying as to on what amount interest is payable - Interest in view of Section 34 payable at 6% on..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Contention that payment had been made - As per complainant only part payment is received - Disputed question of fact involved to be decided by trial Court - No ground to quash proceedings under Section 482 Cr.P.C...........
Constitution of India, 1950, Article 226 -- Dismissal in limine of writ petition by a detailed speaking order rejecting various contentions urged on behalf of the petitioner to challenge legality of impugned order as well as orders passed by appellate and revisional authorities - Not challenged by filing Special Leave to Appeal before Supreme Court - Must be treated as..........
Civil Procedure Code, 1908, Section 152 -- Application for correction of clerical error in decree - Words "at any time" in Section 152 - Makes it clear that no period of limitation prescribed - Article 136 Limitation Act does not apply to application for amendment of decree - Once Court finds that names of plaintiffs wrongly mentioned in decree-sheet - Duty of Court to..........
Civil Procedure Code, 1908, Section 11, 152 -- Dismissal of earlier application under Section 152 as withdrawn - Does not operate as res judicata because corrections in a judgment or a decree do not involve re-opening of decision in the case - Withdrawal of earlier application under Section 152 - Does not debar applicant from filing fresh application under Section 152...........
Specific Relief Act, 1963, Section 6 -- No provision in Code of Civil Procedure providing that possession can be recovered only by a person who has a title to the property - Possession by itself a substantive right recognised by law and has legal incidents attached to it apart from ownership - Section 6 provides summary remedy to person dispossessed of immovable property..........
Civil Procedure Code, 1908, Order 23, Rule 3A - - Pre-requisites of compromise in a suit as provided in Order 23 Rule 3 must be satisfied before Rule 3-A is attracted - Cannot be any bar to institute a suit challenging a decree which proceeds on the basis of a compromise which is unlawful - Contract Act, Section 23...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Trial Court as well as Appellate Court declined interim injunction - Prima facie findings of Courts below based on valid reasons - Interference in revision under Section 115 - Declined...........
Civil Procedure Code, 1908, Order 21, Rule 89, Limitation Act, 1963, Section 4 -- Auction sale - Setting aside - Deposit of sale consideration by J.D. - Court closed for summer vacation as such amount deposited on the reopening day of the Court - Deposit is to be made within 30 days of auction sale - Section 4 of Limitation Act saves only application for setting aside the..........
