Negotiable Instruments Act, 1881, Section 4 -- Pronote - Suit against L.R's of borrower - Plea of fraud and forgery - No cogent evidence produced to prove the same - No dispute about the relationship of deceased with the L.R's - L.R's are liable to discharge the liability which the deceased had suffered - Question as to whether recovery can be effected by creating a charge..........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Conviction u/s 302 IPC - Merely because the complainant or the witnesses are related to the deceased does not throw their testimony out of board - Bail application rejected...........
Indian Penal Code, 1860, Section 302 -- Appeal against acquittal - Failure to prove motive or enmity for committing murder - Nobody knew the names of accused - Trial Court was fully justified in disbelieving the statement of both the eye witnesses - No perversity in order of acquittal - If two views are possible, one pointing to the guilt of accused and the other to his..........
Criminal Procedure Code, 1973, Section 378, Prevention of Corruption Act, 1988, Section 13, 7 -- Appeal against acquittal in a illegal gratification case - Interference in an appeal - Held, interference in an appeal against acquittal would be called for only if judgment under appeal is perverse and is based on misreading of evidence - Merely because the appellate court was..........
Civil Procedure Code, 1908, Section 100 -- 5th Bipartite Settlement dated 10.4.1989, Clause 17 - Bipartite Settlements dated 8.9.1993, Clause 17 - 7th Bipartite Settlement dated 27.3.2000, Clauses 33 and 37 - Absence from duty - Voluntary cessation of Employment - Respondent - plaintiff remained absent from duty on account of illness during the year 1999 to 2000 and..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal decided without deciding the application for additional evidence - Impugned judgment set aside - Matter remanded - Appeal to be decided after deciding application U.O.41.R.27 in the first instance...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - A litigant who is unsuccessful in the lower Court cannot be permitted to patch up the weak parts of his case and fill up omissions, in the Court of appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Any substantial question of law based upon argument which was not raised before the Courts below cannot be raised in the regular second appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law based upon argument - Not raised before the courts below - Cannot be allowed to be raised in regular second appeal...........
Civil Procedure Code, 1908, Section 102 -- Suit for the recovery of Rs.20000/- dismissed - Appeal filed by plaintiff allowed - Second appeal not maintainable because of bar of Section 102 CPC which provides that no second appeal shall lie from any decree, when the subject matter of the original appeal is for recovery of money not exceeding Rs.25000/-...........
