Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Merely because plaintiff wants to introduce certain pleas by way of an amendment in the plaint, which the defendant has set up in his written statement, will not be a valid ground for rejecting the prayer for amendment of plaint, particularly when no prejudice is going to be caused to defendant by..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Quashing of - High Court should not have quashed sanction order and consequent proceedings unless it was satisfied that failure of justice had occurred by such error or irregularity or invalidity - Order of quashing of sanction order set aside...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 436, 34 -- Summoning of additional accused - Offence u/ss 436, 34 IPC - Eye witness/PW1 of incident clearly deposed that petitioners had set the house of informant to fire resulting into destruction of his house and household items - His evidence does not appear to be demolished even after his..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since petitioner himself came forward and has undertaken to appear before trial Court on each and every date, order declaring petitioner as proclaimed person set aside...........
Hindu Marriage Act, 1955, Section 13 -- Decree of divorce - Challenged by wife - Reasonable opportunity to contest the matter has been denied to wife by family Court while dissolving the marriage - Manner in which Court has proceeded in undue hot haste in rejecting the right of wife on the very next day to cross-examine the husband and thereafter to forfeit the right of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Murder - Allegations by complainant in the beginning relating to involvement of applicants is vague and was disbelieved by I.O while declaring them innocent - Death of deceased is stated to be because of poison, which was administered at the house of accused persons, who had faced the trial,..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - First appellate authority passed a two line cryptic order without assigning any reasons - Even, relevant points of determination not framed - Order passed by first appellate authority is not legally sustainable and thus, set aside - Matter remanded back to first appellant authority with a..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court has not dealt the second appeal in accordance with law and has failed to consider the relevant vital issues affecting the rights of parties to litigation - Judgment and order passed by High Court set aside - Matter remitted back to High Court for fresh consideration of second appeal in accordance with..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Imposition of condition by High Court directing appellant to pay Rs.4000 pm as maintenance to informant was not merited - Same is accordingly set aside and quashed - However, appellant is bound to remain available and face trial as required by law...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have settled the dispute and complainant has accepted the sum towards full and final settlement of dispute on the satisfaction of complainant - Conviction and sentence set aside - However, since compromise has been arrived at after rejection of appeal against conviction..........
