Court : Mumbai Goa
Decided on : Feb-19-2014
..... as it may, there can be no dispute that the provisions of rule 6-a onwards of order 8, c.p.c. were inserted by the code of civil procedure (amendment) act, 1976 w.e.f. 1-2-1977 while the provisions of rule 1 of order 8 were substituted by the code of civil procedure ..... (amendment) act, 2002 w.e.f. 1-7-2002. it is well settled by now that the provision of rule 1, order 8, is directory and not mandatory and it can be ..... to the case of rani kusum vs. kanchan devi and others, (2005)6 s.c.c. 705 wherein the apex court has stated that order 8, rule 1, after the amendment casts an obligation on the defendant to file the written statement within 30 days from the date of service of summons on him and within the extended time falling within .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Feb-20-2014
..... particularly where other offences are compoundable. it may be added here that the state of madhya pradesh vide m.p. act 17 of 1999 (section 3) has made sections 506(ii) ipc, 147 ipc and 148 ipc compoundable offences by amending the schedule under section 320 cr.p.c.?. 16. in the present case, the accused had injured himself in the accident ..... 2, the offence punishable under section 279 is not mentioned. it is useful to reproduce both the sections i.e. 279 and 338 for comparison. section 279 in the indian penal code, 1860 279. rash driving or riding on a public way. whoever drives any vehicle, or rides, on any public way in a manner so rash or ..... with fine which may extend to one thousand rupees, or with both. section 338 in the indian penal code, 1860 338. causing grievous hurt by act endangering life or personal safety of others.-- whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Jul-10-2014
..... license they constructed the said shed which was of permanent nature for which they incurred huge expenditure and, therefore, the license was irrevocable under section 60 of the indian easements act. the defendants no. 3 and 4 also pleaded that the suit was barred by limitation. 7. the learned trial court framed the following issues: 1. does ..... was not interested in purchasing the plot. accordingly, a notice was issued by the plaintiff only to sheikh lukruddin sheikh mohammed, the original defendant. by way of amendment, the plaintiff only amended the cause title to add the defendants no. 2, 3 and 4 and the prayer clauses, however, there were no changes made in the plaint, so ..... and 4 had spoken about the defendants no. 1 and 3. he, therefore, submitted that no prejudice is caused to the defendants no. 3 and 4 by not amending the paragraphs of the plaint except the cause title and the prayer clauses. he therefore urged that the substantial question no. 1 should be answered in the negative. .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Jul-03-2014
..... suits pending before the trial court. in such circumstances, by furnishing such an undertaking, the purpose for which the undertaking was initially ordered to be given, has been duly amended. in this context, it would be appropriate to examine the provisions of order 39 rule 11 sub-rule (1) and (2) of the civil procedure code, which reads thus : ..... suggests that the apex court had accepted the contention of the learned senior counsel appearing for the defendants before the apex court to the effect that the act committed by the defendants would not amount to parting of possession. learned counsel has taken me through the judgments of the apex court and pointed out that ..... passed by the apex court and pointed out that there is a reference therein to the effect that the counsel appearing for the defendants had stated that the acts committed by the defendants was not parting with possession as, according to him, it amounted to doing some re-construction of the existing bungalow. learned counsel .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Feb-25-2014
..... falls under chapter 20 in respect of the trial of summons cases by a magistrate. section 354 of the indian penal code prior to amendment was a summons case as the punishment was given up to two years (prior to amendment). section 258 empowers the court to stop the proceedings in certain cases and reads thus: "258 : power ..... erroneous and her order is to be set aside. she submitted that it is a case of sexual assault under section 354 of the indian penal code and the alleged act done by the accused/respondent has no concern with the discharge of his official duty and therefore no sanction under section 197 of the criminal procedure code ..... order passed by the learned magistrate on the application made under section 258 of the criminal procedure code. the learned sessions judge has formulated the point in respect of act done in official capacity and gave finding in affirmative. in the application under section 258 of the criminal procedure code the ground was made only of the absence of .....
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