Criminal Procedure Code, 1973, Section 372 -- Appeal for enhancement of sentence - Not maintainable u/s 372 Cr.P.C...........
Civil Procedure Code, 1908, Section 114 -- Review - Dismissal of appeal against compromise decree - Whether petitioners have a right U.O.43.R.1-A(2) CPC to prefer an appeal against decree of compromise requires elaborate hearing and has effect of rehearing the matter as to maintainability of appeal - There is no error apparent on the face of record in impugned order -..........
Criminal Procedure Code, 1973, Section 374(2) -- Appeal against conviction admitted for final hearing - Cannot be dismissed for non prosecution without adverting to merits...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 16 -- Appeal - Power of remand - Appellate Tribunal is not conferred with power of remand u/s 16 of the Act and upon entertaining appeal must either reject or accept the same, wholly or partly as the case may be...........
Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal by an indigent person - Mere possession of property is not sufficient, as purpose contemplated U.O.44 CPC is not possession of property but sufficient means with capacity to raise money to pay Court fee - If property in possession of any person is not sufficient enough to raise money to pay requisite Court fee, then..........
Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal by an indigent person - Appellant has no means to pay Court fee - Property owned by appellant forms basis of two different suits in which decree is passed against him - It was required on the part of Court concerned to conclude about inability to pay Court fee - However, no enquiry as such vis-a-vis paying capacity of..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Abatement of appeal - Death of plaintiff - Copy of intimation of death of plaintiff as submitted by his counsel was not served upon counsel for appellants - No material to suggest that fact of death of plaintiff before first appellate Court was mentioned in order sheet of appeal - Finding of abatement recorded by appellate..........
Negotiable Instruments Act, 1881, Section 138, 148, 143A -- Dishonour of cheque - Power of appellate Court to order payment pending appeal against conviction - Appellate Court ordered to deposit 20% of compensation for suspending execution of sentence of imprisonment - Said order held, unreasonable - Quantum of deposit 20% of cheque amount modified to 5%...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, possession and damages - Plaintiff led no evidence to establish that he was throughout in possession since 1930 after resumption of grant by successor of defendant - First appellate Court and High Court have proceeded on assumptions and presumptions to hold in favour of State on the question..........
Civil Procedure Code, 1908, Section 115, Order 9, Rule 13, Constitution of India, 1950, Article 227 -- Ex parte decree - Remedy of appeal thereagainst is available - High Court ought not to have entertained revision application u/s 115 CPC and u/art 227 of Constitution...........