Relief not founded on the pleadings should not be granted

Pleadings and particulars are necessary to enable the court to decide the rights of the parties in the trial. Therefore, the pleadings are more of help to the court in narrowing the controversy involved and to inform the parties concerned to the question in issue, so that the parties may adduce appropriate evidence on the said issue.

It is a settled legal proposition that "as a rule relief not founded on the pleadings should not be granted". A decision of a case cannot be based on grounds outside the pleadings of the parties. The pleadings and issues are to ascertain the real dispute between the parties to narrow the area of conflict and to see just where the two sides differ. (Vide: M/s. Trojan & Co. v. RM N.N. Nagappa Chettiar, AIR 1953 SC 235; State of Maharashtra v. M/s. Hindustan Construction Company Ltd., AIR  2010 SC 1299; and Kalyan Singh Chouhan v. C.P. Joshi, AIR 2011 SC 1127).[Para No.7]

There is no limitation of period for invoking High Court's inherent powers u/s.482 Cr.P.C.

If evidence is relevant, it is admissible irrespective of how it is obtained

The Investigating Agency has no power to appreciate the evidence

    Regarding limitation, although delay is duly explained in the petition, however, there is no applicability of Limitation Act on Section 482 Cr.P.C. being the inherent powers of this Court. The said section is starting itself with a non-obstante clause (Notwithstanding) therefore, this Court has power to exercise inherent powers where there is miscarriage of justice and abuse of process of law. Non-applicability of Limitation Act and non- providing of limitation period in Cr.P.C. with regard to Section 482 Cr.P.C., the intention of the legislature was not to restrict this Court to use these powers in appropriate cases. Thus, raising the issue of limitation period about Section 482 Cr.P.C. is itself contrary to the intention of legislature and the very section itself. In this regard, judgments relied upon by the respondent no.2 (complainant) are not applicable, as facts and circumstances of those cases are different from the case in hand.[Para No.49

    As far as the issue of source of document is concerned, the Hon'ble Supreme Court and various High Courts including the case of Pushpadevi M. Jatia vs. M.L. Wadhavan & Ors.: (1987) 3 SCC 367 relied upon by respondent no.2 (complainant) held that the source of the evidence is not material, as long as it is admissible under the law, the same may be considered. If evidence is relevant, it is admissible irrespective of how it is obtained.[Para No.50]

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