Hindu Religious Endowment Charitable Act, 1959, Section 69- - Appeal - When an appeal is provided against an order of Commissioner u/s 69 of the Act to Court as defined u/s 6(7) of 1959 Act, there is no question of treating Commissioner as a Court under statutory scheme of the Act...........
Limitation Act, 1963, Section 5, 29(2), Hindu Religious Endowment Charitable Act, 1959, Section 69- - Applicability of S.5 of Limitation Act - Appeal u/s 69 of 1959 Act - Commissioner while hearing appeal u/s 69 of the Act is not entitled to condone the delay in filing appeal, since provisions of S.5 of Limitation Act shall not be attracted by strength of S.29(2) of Limitation Act...........
Limitation Act, 1963, Section 5, Hindu Religious Endowment Charitable Act, 1959, Section 69- - Applicability -\\\\ of S.5 of Limitation Act - Appeal u/s 69 of 1959 Act - Provision of S.5 of Limitation Act is not applicable in proceedings before Commissioner, as per Scheme of 1959 Act...........
Limitation Act, 1963, Section 29(2)-- Applicability of S.29(2) of the Act is with regard to different limitations prescribed for any suit, appeal or application to be filed only in a Court, not before statutory authorities and tribunals provided in a special or local law...........
Indian Penal Code, 1860, Section 166, 167, 201, 202, 203, 204, Bombay Police Act, 1951, Section 25-- Offence u/ss 166, 167, 201 to 204 IPC and S.25 of 1951 Act - Complaint filed on the basis of adverse observations made by Additional Sessions Judge in murder case against respondent who investigated the case - Accused in said case filed criminal appeal in High Court against their conviction - When..........
Criminal Procedure Code, 1973, Section 311-- Recalling of complainant at appellate stage - Change of counsel in appeal by accused who felt that some more questions ought to have asked during cross examination of complainant - Not justified to recall complainant during course of appeal, more particularly when earlier counsel duly..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C)-- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 8, 20(b)(ii)(C) of NDPS Act - Co-accused already given benefit of suspension of sentence - Case of accused is not distinguishable from co-accused - Accused are in custody for almost 4 years and there are no other..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34-- Second appeal - Suit for declaration of title - Plea of adverse possession - As per oral and documentary evidence on record plaintiff has failed to establish continuous, uninterrupted and peaceful possession over the suit land - Claim of title by adverse possession held, not maintainable -..........
Civil Procedure Code, 1908, Section 100-- Second appeal - Concurrent findings of Courts below - High Court is not required to re-apreciate entire evidence on record and to come to its own finding when findings recorded by Courts below, more particularly, First Appellate Court are on appreciation of evidence...........
Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950, Article 142-- Divorce by mutual consent - Compromise between parties during pendency of appeal filed against dismissal of petition for dissolution of marriage - Parties amicably settled the matter and agreed for dissolution of marriage by mutual consent - Marriage dissolved between parties as per terms and..........
