Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Role ascribed to appellant in the FIR is that he came to the spot with a country made revolver - No evidence on record that appellant fired upon deceased - High Court summoned the appellant merely on the ground that power u/s 319 Cr.P.C is available even if person is not named in FIR or charge..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19 -- Counter Claim - Civil suit and counter claim were disposed of vide composite judgment and decree - Appellant challenged decree passed in favour of respondent and dismissal of counter claim - There is no requirement to file separate appeal to challenge counter claim which was in..........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Fraud - Pleading and proof - A person who seeks to set aside a document or a judgment and decree on ground of fraud has to plead facts constituting fraud and has to prove those allegations akin to a criminal charge beyond shadow of reasonable doubt...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Deletion of defendant Nos.4 and 5 as parties to suit - Cause of action pleaded against defendants No.4 & 5 - Plaintiff sought a decree against defendants No.4 & 5 - Order as to deletion of defendant Nos.4 & 5 set aside...........
Delhi Rent Control Act, 1958, Section 14(1)(a), Civil Procedure Code, 1908, Order 41, Rule 27, Slum Areas (Improvement and Clearance) Act, 1956 -- Eviction order - Slum area - Plea whether or not property located in a slum area was raised for first time through application U.O.41.R.27 CPC that too at appellate stage, both parties ought to have been given adequate..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Framing of substantial questions of law - Parties have to be heard after framing of substantial questions of law - Hearing cannot be prior to substantial questions of law - High Court therefore, erred in hearing in appeal finally when questions of law have not been framed and formulated questions of law only in..........
Civil Procedure Code, 1908, Section 96 -- Appeal by subsequent purchasers - Maintainability - Decree for specific performance - Purchasers contested the suit and they are essentially aggrieved by judgment and decree, thus they can assail the same in first appeal - Merely because vendors not filed any appeal or cross-objection to appeal filed by purchasers, same is not per..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320(8) -- Dishonour of cheque - Compromise - Accused and complainant compromised the matter - Complainant received Rs.10 lakhs i.e cheque amount in terms of compromise - Conviction and sentence of accused set aside - Accused acquitted in terms of S.320(8) Cr.P.C...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closing of plaintiff`s evidence - Suit for specific performance - After framing of issues before trial Court, matter remained pending for plaintiff`s evidence for 5 years - Agreement in question returned to plaintiff for proper affixation of stamp duty by trial Court but the matter remained pending before competent authority..........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance - Cognizance taken on basis of complaint as well as statements recorded u/ss 200, 202 Cr.P.C - Revisional Court while setting aside order of cognizance stepped its jurisdiction in delving deep into the matter at the stage of cognizance - Order of revisional Court per se illegal and deserves to be set aside -..........
