Indian Penal Code, 1860, Section 279, 304A -- Conviction u/ss.279, 304-A IPC - Quantum of punishment - Since the petitioner has undergone mental agony of trial as well as appeal for about 9 years and is also behind the bars for about 31/2 months - Sentence of 1 year rigorous imprisonment for offence u/s.304-A IPC has been reduced to period of 6 months...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Unless the judgment of acquittal tends to be perverse or unless the inferences drawn in the acquitting judgment were not at all reasonable, possibly the acquittal should not be upset...........
Civil Procedure Code, 1908, Section 96, 100 -- First and second appeal - Distinction - Power of first appellate Court to entertain the appeal is both on issues of fact as well as on issues of law whereas power of second appellate Court is confined to entertain the second appeal on substantial question of law only...........
Civil Procedure Code, 1908, Section 96 -- First appeal - First appellate Court is required to reappraise the testimony of witnesses examined for arriving at a conclusion as to whether the findings recorded by trial Court was legally correct or not - Without doing so first appellate Court wrongly proceeded to hold that defendants have not been able to establish their case -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Main appeal decided without deciding the application for addtional evidence - Inherent irregularity and patent illegality - Impugned order set aside - Matter remitted for decision afresh - Appellate Authority to decide..........
Punjab Land Reforms Act, 1972, Section 18, Punjab Tenancy Act, 1887, Section 82(3), 84 -- Surplus area - Determination and allotment - Successor Collector seeking permission from Commissioner to review the allotment order of his predecessor - Permission refused - Appeal against order of Commissioner refusing permission to review or confirming a previous order is not..........
Punjab Tenancy Act, 1887, Section 82 -- Revenue Officer - Can review his or any order passed by his predecessor in office - An appeal does not lie from an order refusing to review or confirming on review a previous order by Revenue Officer...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Main appeal decided without deciding the application - Inherent irregularity and patent illegality - Impugned order set aside - Matter remitted for decision afresh - Appellate Authority to decide the applciaotn for..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Will - Required to be proved by co-defendant, vendor - Prayer to prove the same in appeal - Appellant cannot be penalized for the default committed by vendor in not leading relevant evidence in support of the Will - If appellant is allowed to lead additional evidence, lis between the..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) -- Demand notice issued u/s 13(2) of the Act and possession notice issued u/s 13(4) of the Act - Against possession notice petitioners have the remedy of appeal before the Debts Recovery Tribunal u/s 17 of the Act - Petition under Art.226 Constitution of..........
