Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to elaborate the pleadings which are already pleaded in the written statement by adding legal pleas, that (a) suit is hit by O.2.R.2 CPC; (b) suit is barred by limitation; (c) that they have perfected their title by adverse possession - Defendants have not withdrawn any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Cheque issued in discharge of liability to pay - Statement of account reveals that at the time cheque came for collection in the bank, there was no sufficient funds in the account of accused to honour the cheque - Accused rightly found to have committed the offence...........
Indian Penal Code, 1860, Section 376(2)(i), 376D, 376A, 302, 450, 34, Protection of Children from Sexual Offences Act, 2012, Section 5(g), 6 -- Rape and murder - Dying declaration - All the witnesses have clearly stated that deceased after coming out from the room in flames has shouted that accused had committed the crime - DW1 who was examined on behalf of defence also..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed within time - Pronouncement of judgment - Suit was lying dismissed in default for 4-1/2 years - Defendant cannot be blamed for this period of delay in disposal of suit - Moreover, defendant already filed written statement and same cannot be ignored - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the time of adjudicating application filed U.O.7.R.11 CPC, it is the plaint that has to be considered - Written statement or the stand taken by defendants cannot be looked into while deciding the issue with respect to rejection of plaint...........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 132 -- Summoning of additional accused who deposed as PW - There cannot be an absolute embargo on the Trial Court to initiate process u/s 319 Cr.P.C., merely because a person, who though appears to be complicit has deposed as a witness - Finding to invoke S.319 Cr.P.C. must be based on the evidence..........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 132 -- Summoning of additional accused who deposed as PW - An order for initiation of process u/s 319 Cr.P.C against a witness, who has deposed in the trial and has tendered evidence incriminating himself, would be tested on the anvil that whether only such incriminating statement has formed the basis..........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 132 -- Summoning of additional accused who deposed as PW - Appellant has been summoned as an additional accused u/s 319 Cr.P.C. not only on the basis of his pre-summoning statement but on the basis of the statement of PW1 - There is prima facie material for exercise of power u/s 319 Cr.P.C. -..........
Consumer Protection Act, 1986, Section 13 -- Consumer complaint - Written statement - Copy of complaint not supplied to appellant - Foreclosing right of appellant to file written statement set aside - Appellant permitted to file written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment effectively displaces the original claim which is contrary to permissible scope of amendments - Amendment cannot be permitted - Application rightly dismissed...........
