Civil Procedure Code, 1908, Order 43, Rule 1(c), Civil Procedure Code, 1908, Order 9, Rule 9 -- Appeal - Order setting aside dismissal of suit for default - Order is not appealable...........
Criminal Procedure Code, 1973, Section 311, 315, 391 -- Calling of witnesses in appeal - Additional evidence can only be allowed to be taken if the Court feels that recording thereof is essential for just decision of the case - Dismissal of application by holding that evidence of such witnesses was not at all essential for just and correct decision of the case but rather..........
Criminal Procedure Code, 1973, Section 374, 384 -- Appeal against conviction - Dismissal for want of prosecution - Court was under duty to issue arrest warrant or bailable warrant as the case may be if appellants themselves not present - In the absence of counsel of appellants, accused cannot be left unheard and condemned without any hearing - Dismissal of appeal for no,..........
Service -- Dismissal from service - Validity - Employee convicted for an offence involving moral turpitude - He died during pendency of appeal against conviction and his appeal abated - Subsequently appeal against co-accused was partly allowed and he convicted for an offence u/s 323 IPC - Role of employee was similar to that of co-accused - Conviction for offence u/s 323..........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 7, West Bengal Premises Tenancy Act, 1997, Section 7(3) -- Dismissal of application for local inspection - Second application - Res-judicata - Virtually on identical points first prayer of local inspection is rejected, hence, principle of res judicata will apply on second application - Moreover, Court has no hesitation..........
Criminal Procedure Code, 1973, Section 372, 385(2), Indian Penal Code, 1860, Section 302, 307, 201, 34 -- Appeal against acquittal - Dismissal of appeal by High Court cursorily and by a cryptic order - Impugned order set aside - Matter remanded - High Court to decide appeal afresh on merits...........
Succession Act, 1925, Section 372 -- Succession certificate - Dismissal of case for not filing proper valuation report - Succession certificate is issued after getting valuation done by an approved valuer, when entitlement to the estate/moveables is granted at the time of passing of judgment...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Dismissal of appeal against acquittal - Revisional jurisdiction is to be exercised only in exceptional cases where interest of public justice require interference for correction of a manifest illegality or prevention of gross miscarriage of justice...........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 498A, 406, 363 -- -Revision - Dismissal of appeal against acquittal - Offence u/ss 498-A, 406, 363 IPC - Appeal filed against judgment of acquittal after almost 2 years - No explanation given for such inordinate delay and petitioner was well versed with the progress of case - It is thus not a..........
Specific Relief Act, 1963, Section 31 -- Cancellation of agreement to sell - Seller filed the suit for cancellation of agreement and possession - Purchaser filed suit for specific performance - Purchaser failed to fulfill his obligations under agreement to sell and could not establish that he was ready and willing to perform his part of contract - Suit of purchaser was..........
