Order VI Rule 17 CPC confers a wide discretionary power on civil courts to permit amendment of pleadings at any stage if the amendment is necessary for determining the real question in controversy ...

Challenging the Impugned Order, the Appellants submit that subsequent events of debarment give rise to a fresh cause of action for which a fresh suit is to be filed, regardless of the parties being ...

It had to be then, demonstrated that determination of the genuineness of the Will was the necessary course of action in determining the issues inter se the parties and given the finding of the court ...

2. The Appellants are the unsuccessful Plaintiffs, who are aggrieved by the reversal of the decree for specific performance of agreement dated 20.02.1995, that was granted by the Trial Court. The ...

In Maharashtra, the Probation of Offenders Act applies, and therefore the court should first consider Section 4 of that Act in every legally eligible case. This is especially important in ...

SCC 161, this Court has held that the report of the probation officer referred to in Sub-section (2) of Section 4 of the Probation Act is a condition precedent and, therefore, must be complied with by ...

Rs. and Ors.,8 while dealing with a similar argument regarding applicability of Section 90 in the case of proof of will, held as follows: At the same time we cannot accept the submission on behalf of ...

14. Section 19 of the Probation Act12, however, provides that subject to the provisions of Section 18 thereof, Section 562 of the Code (i.e., the Code of Criminal procedure, 1898) shall cease to apply ...

This article distils core principles from the CPC, the Evidence Act and leading Supreme Court decisions, using the typical pattern of a partition suit based on revenue records, an absent written ...

Further, even at the stage of the earlier suit instituted by the predecessors-in-interest of the Appellant-Plaintiffs, their consistent case was one of lawful title to the suit property. No plea of ...

The reliance placed by the High Court on the circumstance that the fatal shot was attributed to a co-accused, while Respondent No. 2 has been convicted with the aid of Section 34 IPC, is wholly ...

This sequencing is vital. A Sessions Judge should not permit the prosecution to contaminate the trial on guilt by relying prematurely on previous convictions, because the statutory design is meant to ...