Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - When there is fixed term sentence and especially when appeal is not likely to be heard before completing entire period of sentence, normally suspension of sentence and bail should be granted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Power to record additional evidence u/s 391 Cr.P.C. should only be exercised when the party making such request was prevented from presenting the evidence in the trial despite due diligence being exercised or that the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - If two views are possible on the basis of evidence on record and one favourable to accused has been taken by trial Court, it ought not to be disturbed by Appellate Court...........
Punjab Courts Act, 1918, Section 41(1)(a) -- Second appeal - Decision of First Appellate Court being contrary to law is a ground for interference u/s 41(1)(a) of the Act...........
Criminal Procedure Code, 1973, Section 377 -- Appeal against conviction - Enhancement of sentence - When a person is charged with a graver offence but is convicted of lesser offences, same amounts to acquittal of serious offence and it is not permissible for High Court to convert lesser offence into serious offence in an appeal for enhancement of sentence - High Court can..........
Civil Procedure Code, 1908, Section 96, Succession Act, 1925, Section 299 -- Probate proceedings - Interlocutory order passed in proceedings for grant of probate or Letters of Administration - Does not conclusively determines the rights of parties - Not a decree - Appeal thereagainst does not lie...........
Civil Procedure Code, 1908, Section 96, Succession Act, 1925, Section 299 -- Probate proceedings - Rejection of application for deletion of issues - Not a decree - Appeal against such an order does not lie...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1 -- Ex parte decree - Setting aside - Dismissal of application - It is appeal and not revision which is maintainable - However, if an order allowing such an application is passed, the same is not appealable...........
Civil Procedure Code, 1908, Section 96(2), 114, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has three remedies available to him as against ex-parte decree: (i) by way of filing an application U.O.9.R.13 CPC seeking for setting aside ex-parte decree; (ii) by way of filing an appeal against the ex-parte decree u/s 96(2) CPC and; (iii) by way of review..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Ex parte decree - Setting aside - Filing of an application U.O.9.R.13 CPC as well as filing of appeal u/s 96(2) CPC against the ex-parte decree are concurrent remedies available to a defendant - However, once appeal preferred by defendant against ex-parte decree is dismissed, except when it is withdrawn, remedy..........
