Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Can be allowed where purpose of proposed amendment is to elaborate defence and to take additional pleas in support of case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant can take inconsistent pleas in written statement although same may not be permitted in case of plaint...........
Criminal Procedure Code, 1973, Section 156(3) -- Compliant u/s 156(3) Cr.P.C. - Order to record sworn statement of complainant - Shows Magistrate was not prepared to invoke power u/s 156(3) Cr.P.C. - Complainant can very well challenge this order - However, when complainant once furnishes his statement u/s 200 Cr.P.C. then he cannot be heard to say that Magistrate ought to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is only the plaint and not projected defence in written statement which is to be looked into to decide application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suppression and concealment of earlier suit between parties which attained finality - Held, defence projected in written statement cannot be looked into to decide application for rejection of plaint - It is only the plaint which is to be looked into to decide application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on basis of defence taken by defendants in written statement...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37 -- Bail - Recovery of 1.001 kgs charas - Commercial quantity - Petitioner arrested not only on the basis of statement of co-accused but there is also substantive evidence of call details regarding his involvement in offence - Main accused neither acquitted..........
Criminal Procedure Code, 1973, Section 179 -- Territorial jurisdiction - Offence u/ss 499, 500 IPC - Defamatory statement against complainant, eminent sports personality in press meet that all his achievements were purchased by paying money - Newspaper report against complainant read all over State of Assam - Even, newspaper which published the news having circulation at..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 499, 500 IPC - Defamatory statement against complainant, eminent sports personality in press meet that all his achievements were purchased by paying money - Newspaper report against complainant may result in defamation of complainant before readers - However, newspaper report does not name..........
Criminal Procedure Code, 1973, Section 156, 173(6) -- Re-investigation or further investigation - Only allegation against I.O is that he did not investigate the case in accordance with law and did not give importance to statement of witnesses on record - No allegation of unfairness in investigation - In absence of any allegation of unfairness in investigation against I.O,..........
