Specific Performance – Readiness and Willingness – Affidavit filed before the High Court for the first time – Procedure adopted by the High Court relying upon the affidavit in a First Appeal by which virtually without submitting any application for amendment of the plaint under Order VI Rule 17 CPC, the High Court as a First Appellate Court has taken on record the affidavit and as such relied upon the same. Such a procedure is untenable and unknown to law.
M.R. Shah; J.
Date of Birth – Law on change of date of birth – (i) application for change of date of birth can only be as per the relevant provisions / regulations applicable; (ii) even if there is cogent evidence, the same cannot be claimed as a matter of right; (iii) application can be rejected on the ground of delay and latches also more particularly when it is made at the fag end of service and / or when the employee is about to retire on attaining the age of superannuation.
Judgment – Importance of Judgment – Purpose of Judgment – What should be contained in the judgment – Explained. AIR 2021 SC 4384 : JT 2021 (9) SC 132
Code of Criminal Procedure, 1973 – S. 482 – Quashing of Criminal Proceedings – If the petition under Section 482 Cr.P.C. was at the stage of FIR in that case the allegations in the FIR/Complaint only are required to be considered and whether a cognizable offence is disclosed or not is required to be considered. However, thereafter when the statements are recorded, evidence is collected and the charge-sheet is filed after conclusion of the investigation/inquiry the matter stands on different footing and the Court is required to consider the material/evidence collected during the investigation. Even at this stage also, the High Court is not required to go into the merits of the allegations and/or enter into the merits of the case as if the High Court is exercising the appellate jurisdiction and/or conducting the trial. Read More »Kaptan Singh v. State of Uttar Pradesh