Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Granted with conditions : (i) Deposit of fine amount of Rs.One lakh; (ii) Surety of one lakh; (iii) Two bail bonds of Rs.Fifty thousand each - Bail granted with excessive conditions amount to refusal to grant bail - Bail order modified - Bail to continue but conditions for..........
Civil Procedure Code, 1908, Order 30, Rule 4 -- Suit by partnership firm - Death of one out of two partners during pendency of appeal - Appeal does not abate - Death of one of the partners does not foreclose the continuation of civil proceedings initiated by the firm...........
Civil Procedure Code, 1908, Order 22, Rule 3, Civil Procedure Code, 1908, Order 30, Rule 4 -- Suit by partnership firm - Death of one out of two partners during pendency of appeal - L.R's of deceased partner applied for their impleadment in substitution of deceased partner - There was no reason to decline such a prayer when application was moved in time without any other..........
Criminal Procedure Code, 1973, Section 464 -- Omission/error in framing charge - Finding and sentence of Court cannot be invalid merely on the ground of error in framing charge or omission in framing charge - Finding and sentence will be invalid only if in opinion of Court of appeal, error or omission has occasioned failure of justice...........
Clean hands -- Application to set aside appeal dismissed in default - False story set up by appellant - Court should not come in aid to such a party to allow him to reap the fruits of false and frivolous explanation to get the order of dismissal of appeal in default set aside. (Civil Procedure Code, 1908, O.41.Rr.17 & 19)..........
Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Order 8, Rule 1 -- Appeal - Closure of right to file written statement - Same has direct effect on defendant if his reply is not to be considered - Impugned order can be termed as intermediary or interlocutory order - Defendant has remedy of filing an appeal u/s 19(1) of the Act of 1984...........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Rape - Conviction - Compromise during pendency of appeal - Victim solemnized marriage with accused - She is mature enough, as she is 22 years of age now - Strict interpretation to cut off provided under POCSO Act, should not be creating any obstacle as such..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Question that a person is a necessary party is a question of fact depending upon the relief claimed in the suit - However, once it is established that said person is necessary party to the suit, it becomes a question of law and it can be raised for the first time in appeal...........
Civil Procedure Code, 1908, Section 99 -- Appeal - Non-joinder of necessary party by itself is a ground to reverse or substantially vary a decree in appeal or remand a suit after setting aside decree in an appropriate case...........
Criminal Procedure Code, 1973, Section 385 -- Appeal against conviction - Dismissed in default - Merely on account of non-appearance of counsel or accused before lower appellate Court/revisional Court, appeal/revision cannot be dismissed as it requires adjudication on merits...........