Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Appeal as well as application for setting aside exparte decree filed - Appeal dismissed as withdrawn - Proceedings for setting aside exparte decree will not survive - Exparte decree merges with the order of appellate authority...........
Criminal Procedure Code, 1973, Section 385, 387 -- Appeal against conviction - Cannot be dismissed in default - Order of conviction cannot be maintained without giving a clear cut finding regarding guilt of the accused and that finding has to be based on appraisal of records...........
Civil Procedure Code, 1908, Order 41, Rule 17(1) -- Appeal - Counsel and appellant absent - Appeal to be dismissed for non prosecution - Appeal cannot be decided on merits...........
Penal Code, 1860, Section 304B -- Dowry death - Appeal against acquittal - Death of the bride by committing suicide - Evidence regarding demand for dowry from deceased by her i, laws shortly before she had committed lacking - PW's in their statements nor supporting the prosecution as regards demand for dowry - Relations between the deceased and her in laws found to be..........
Pre-emption -- Property in Jaipur - Plaintiff owner of 3/4 share and defendants No.2-4 of 1/4 share - Defendants No.2-4 sold their 1/4th share on 30.7.1962 for Rs.4,499/- to defendant No.1 - Plaintiff seeking declaration and pre-emption - Munsif dismissed - Civil Judge decreed suit - Upheld by High Court - Issue of talab - Necessary under Customary Mohammadan Law -..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Additional evidence - Application filed at appellate stage to receive in evidence copy of revocation deed dated 2.9.1996 - This document was not filed although the matter was pending before the District Forum till 13.2.1998 - The reasons assigned for not filing document early found not convincing - The application to..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Condonation of delay - Delay of 10 days in filing the appeal - Appellant-Company attributing the delay to official process - No reasonable ground given - Application submitted in a casual manner with deficient material, which could not justify condonation of delay in filing the appeal - Appeal dismissed as time barred...........
Consumer Protection Act, 1986, Section 15 -- Appeal - Limitation - Condonation of delay - According to the applicant it came to his knowledge only on 18.10.2000 that his complaint had been dismissed on 1.10.1999 - In the absence of making a mention regarding the date of receipt of certified copy of order under appeal, the application held to be vague and not disclosing any..........
Appeal -- New plea - Slow running meter - Complaint against allowed by the District Forum - Appellant raising question of fact that the respondent had made the payment of the bills voluntarily - Appellant cannot be allowed to raise this question of fact for the first time in the appeal - No infirmity in the order of the District Forum - Appeal dismissed in limine...........
Insurance claim -- Repudiation - Ground that the insurance was obtained with fraudulent intention as the real age of the life assured was concealed in the proposal form - Declaration form and the proposal form is not in the handwriting of the deceased - All entries made by the agent concerned - In the declaration form the Doctor gave the certificate - It was the duty of..........
