Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Powers of Appellate Court: (i) Appellate Court has full power to review, re-appreciate and reconsider the evidence upon which an order of acquittal is founded: (ii) Cr.P.C. puts no limitation, restriction or condition on exercise of such powers and; (iii) Appellate court on the evidence before it may..........
Limitation Act, 1963, Article 10, Insurance Act, 1938, Section 64UM(2), Carriers Act, 1865, Section 10 -- Carrier - Damage in transit - Compensation - Limitation - Date of knowledge of loss or injury to goods is relevant only to the notice in writing to be issued to common carrier before institution of suit - Notice should be issued within six months of time when loss or..........
Limitation Act, 1963, Article 10, Insurance Act, 1938, Section 64UM(2), Carriers Act, 1865, Section 10 -- Carrier - Damage in transit - Compensation - Limitation - Insurance claim - Approved surveyor prepared the loss survey report on 28.08.1994 and suit for compensation filed on 25.03.1997 - Court below erred in holding that period of limitation runs from date of..........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Suit filed against a dead person - Death was not within knowledge of plaintiff and suit filed within time - If Court is satisfied that non impleadment of legal heirs of deceased defendant was a bona fide mistake, then Court has got power to implead them invoking O.1.R.10 CPC and S.21 of..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Ex parte decree - Setting aside - Petitioner has knowledge of proceedings of suit and decree from the very inception, as the petitioner's son contested the suit and both of them contested the other suit jointly through same Advocate - Moreover, delay is not so small but..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aide - Suit for declaration - Summons not personally served upon defendant, as plaintiff himself signed as witness of service of summons and no independent witness signed on summons - Contention of plaintiff that defendant engaged two counsels which proves the knowledge of decree on the part of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Limitation - Summons not duly served upon defendants - Limitation of 30 days as prescribed u/art 123 of Limitation Act, would run from the date of knowledge of decree - Since date of knowledge of decree is 4.1.2014 and application is filed on 16.1.2014, as..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to challenge the Will and gift deed in favour of defendant Nos.1 & 2 - Said Will and gift deed was never in the knowledge of plaintiff and he came to know of this fact first time from the written statement of defendants - Moreover, said documents were not in the possession..........
Civil Procedure Code, 1908, Order 21, Rule 106(3) -- Execution petition - Dismissed in default - Restoration - Limitation - 30 days - Starting point of limitation is date of said order and not from date of acquiring knowledge about dismissal of execution petition...........
Limitation Act, 1963, Article 110 -- Limitation - Plea of exclusion by ouster an extension to law of limitation relating to adverse possession between co-owners, ought not to be applied for persons who are claiming succession to property where defendant is unable to prove such exclusion - Ouster of possession must be such as to bring home to knowledge of other heirs that..........
