Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the stage of deciding an application u/s 319 Cr.P.C., Court is not required to adjudicate upon truthfulness of version, but only to see whether material on record, if unrebutted would justify trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statement made on oath in Court is substantive in character and consistency between FIR and deposition only enhances the credibility of a witness - Therefore, argument that testimony is repetitive or lacks specific attribution is without merit - Application allowed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Complainant who is also an injured eyewitness categorically implicates respondents in the role of restraining deceased while co-accused inflicted fatal blows - This conduct, if ultimately established clearly amounts to active facilitation of offence in question - Reliance placed by Trial Court..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit without seeking liberty to file fresh suit - Plaintiff abandoned his prayer with respect to declaratory relief - Plaintiff cannot maintain present suit seeking same relief without seeking permission to file fresh one at the time of withdrawal of earlier suit abandoning his claim...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Main relief abandoned in the previously instituted suit without seeking permission to file fresh suit - Prayer in the subsequent suit stemming out from the relief earlier abandoned - Plaintiff cannot maintain subsequent suit for consequential relief...........
Criminal Procedure Code, 1973, Section 482 -- Disputed questions of fact can only be adjudicated upon by trial Court after giving adequate opportunities to parties to adduce their evidence...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Second application - Maintainability - Subsequent application seeking leave to deliver interrogatories was filed on a changed cause of action - It cannot be said that plaintiff is barred from making a second application on a subsequent cause of action...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Law as to : (i) Interrogatories have to be confined to facts relevant to matters in question in suit - A Court of law will not allow a party to go on a fishing expedition or embark on a roving inquiry in the garb of interrogatories; (ii) Court cannot allow a party to ask questions in interrogatories which..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Interrogatories may not be allowed in following cases : (i) A party is not entitled to administer interrogatories for obtaining discovery of facts which constitute exclusively evidence of his adversary's case or title; (ii) A party is not entitled to interrogate as to any confidential communications between..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to divorced wife - Adultery - Divorced wife who lives in adultery/illicit relationship with man other than her former husband is disqualified from claiming maintenance u/s 125 Cr.P.C...........
