Criminal Procedure Code, 1973, Section 378(4) -- Appeal - Drafting of appeal memo lacking some ingredients - Not a ground to dismiss appeal...........
Civil Procedure Code, 1908, Section 100, Order 6, Rule 17 -- Second appeal - Amendment in memo of appeal - Appeal not admitted - Facts and grounds mentioned in the memorandum of appeal do not amount to improvement of basic pleadings of parties and even can be argued orally - Therefore, if additional facts and grounds as proposed by appellants are allowed to be amended in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Criminal Procedure Code, 1973, Section 389 -- Recovery of 205 gms Alprazolam powder - Suspension of sentence during pendency of appeal against conviction - Accused is in custody for the period of 4 years 7 months and 5 days out of which 3 years and 11 days is after conviction - Accused not involved..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Points of determination as framed by trial Court do not fall within valid category for determination and they are too vague and general in nature - Judgment of First Appellate Court failed to advert to grounds taken in memo of appeal and it is thus, cryptic and has not identified the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(c) -- Recovery of 2 kg charas - Appeal against conviction - Accused acquitted on following grounds: (i) No evidence that recovered contraband was kept intact in malkhana; (ii) personal search of accused not conducted before a Magistrate or any Gazetted Officer and there is no consent letter of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Merely because in the substantial questions of law so framed in the memo of appeal involving interpretation of any particular provision of law by itself could not be substantial questions of law...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Application filed after 44 years of filing of suit - No explanation given by defendants for such delay in filing application U.O.26.R.9 CPC - Defendants encroached upon certain piece of land belonging to plaintiffs - It would not be in the interest of justice to remand the matter to trial Court..........
Legal Services Authorities Act, 1987, Section 20, 21 -- Award of Lok Adalat - Compromise arrived at between parties in proceedings under PWDV Act - Compromise entered on the basis of joint memo filed by parties, which was accepted and disposed of by Lok Adalat - Said order of Lok Adalat covered u/s 20 of the Act - No appeal and other proceedings are maintainable against..........
All India Services (Discipline and Appeal) Rules, 1969, Rule 3(2), 8 -- Disciplinary proceedings - Approval taken of disciplinary authority for initiation of proceedings and not for issuance of charge memo - Non compliance of mandatory provision of R.8(4) - Order quashing charge memo, held, proper...........
Indian Penal Code, 1860, Section 302, 120B, 397, 201 -- Murder - Appeal against acquittal - Dead body of unknown person found in open field - Complainant is not a witness of last seen and lodged FIR on saying of others - Delay of nine days in registering FIR is not reasonable and plausible - On point of last seen, evidence of PWs is not trust-worthy - Star witnesses of..........