Showing : 91-100 of 448 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - High Court while exercising jurisdiction u/s 100 CPC cannot substitute its own view with the finding of Courts below, even if on re-appreciation of evidence, another view is possible...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 17-- Dismissal of appeal for appellant's default - Appellant contended that lower appellate court has exceeded its jurisdiction in dismissing an appeal on merits in absence of his counsel and appellant - Appellant has not suffered on account of default or non appearing of his counsel neither court was..........
DELHI HIGH COURT
Year of decision: 2014
Details
Constitution of India, 1950, Article 227-- Supervisory jurisdiction - Exercise of - Held, supervisory jurisdiction of High Court will not be exercised to correct mere errors of fact or of law unless error is manifest and apparent on the face of proceedings such as when it is based on clear ignorance or utter disregard of provisions of law,..........
KERALA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 372, 378-- Appeal against acquittal - Session Court and High Court does not have concurrent jurisdiction to entertain an appeal against acquittal by victim in a complaint case...........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 24(5), Order 7, Rule 10-- Transfer of Appeal - Appeal filed in a Court having no territorial jurisdiction - Appellate Court can return the appeal by exercising power U.O.7.R.10 CPC - However, that will lad to unnecessary trouble in taking back the appeal and refiling the same with the competent Court - Invoking power u/s..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Constitution of India, 1950, Article 136-- Criminal appeal - Scope - Held, jurisdiction to interfere under Art.136 is extraordinary and power vested in Apex Court is not exercised to upset concurrent findings of fact recorded by two Courts below on a proper appreciation of evidence - It is only in those rare and exceptional cases where..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 464-- Charge - Held, an error, omission or irregularity in charge including any misjoinder of charges does not invalidate any sentence or order passed by Court of competent jurisdiction unless in opinion of Court of appeal, confirmation or revision a failure of justice has in fact been occasioned..........
PATNA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389, Constitution of India, 1950, Article 21-- Temporary suspension of sentence - Held, during pendency of an appeal against conviction or sentence or both, temporary or interim or provisional suspension of sentence, on some extremely rare circumstances, is inherent in jurisdiction of appellate Court, u/s.389 Cr.P.C. by doctrine of implied..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Administration of Evacuee Property Act, 1950, Section 14, 18, 20-- Evacuee property - Validity of order passed under the Act - Jurisdiction of civil Court - Held, Act is a complete code in itself as regards manner of claim that were possible in respect of evacuee property - If trust has participated in proceedings then if Trust were to contend that separation..........
DELHI HIGH COURT
Year of decision: 2013
Details
Delhi Rent Control Act, 1958, Section 25(b)(8)-- Eviction - Revisional jurisdiction - Exercise of - Held, revision u/s.25B(8) of the Act cannot be regarded as first appeal nor can it be as restricted as revisional jurisdiction u/s.115 CPC - High Court would have jurisdiction to interfere if it is of opinion that there has been gross illegality..........

Showing : 91-100 of 448 Results