Civil Procedure Code, 1908, Order 22, Rule 4(3) -- Partition - Death of one of respondents - Non impleadment of L.R's - Appeal abated against one respondent - Appeal against other co-sharers of property cannot be proceeded in absence of representation of estate of one of co-sharer...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - De novo trial - First Appellate Court mechanically passed an order of remand without applying itself to fact situation of case and without appreciating fact that issue on which remand order is passed was already decided by trial Court - Order of remand not covered under provisions of O.41.Rr.23, 23-A, 25..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of a party - At appellate stage - Suit for possession - Patta issued in favour of plaintiff was cancelled way back in 1978 - Plaintiff neither in possession of suit property nor had any title - Subsequently qua the suit property patta had already been issued in favour..........
Civil Procedure Code, 1908, Section 100, 102 -- Second appeal - Maintainability - Suit for declaration of title - SCC suit for eviction was returned by Court to institute a suit in regular civil Court - Question of title is involved in suit after SCC suit was returned - Same being original suit involving question of title, therefore S.102 CPC cannot be attracted - Since..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - First Appellate Court without reversing findings recorded by trial Court or without formulating any point of determination or without recording any findings on all the issues so framed by trial Court, allowed the first appeal in cryptic and cursory manner - Provisions of O.41.R.31 CPC not..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Cannot be made applicable to proceedings u/art 226 of Constitution or an appeal arising therefrom in view of S.141 Explanation CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Plaintiff failed to prove its case - Trial Court dismissed the case - Appellate Court while affirming finding of trial Court has recorded a finding that plaintiff cannot take advantage of lacuna in the case of defendant to obtain a decree in his favour as plaintiff has to stand on..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Once Court allowed application u/s 391 Cr.P.C, Appellate Court was not justified in dismissing main appeal in which said application was filed, as interlocutory order allowing application would not survive independently once main appeal was dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Plaintiff failed to lead any evidence oral as well as documentary in support of his case before trial Court - Both the Courts below have recorded concurrent finding of fact against plaintiff by dismissing suit - No substantial question of law is involved in the second..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 8, 12 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Rape - Complaint was immediately lodged after the incident - Both accused and prosecutrix has stated about the incident in question in..........
