Civil Procedure Code, 1908, Section 96 -- First appeal - First Appellate Court is final Court of fact and law - However, it has to fall in line with scope and ambit of S.96 of the Code...........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(D) -- Quashing of order - Order taking cognizance - Offence u/s 3(1)(D) of the Act - Application u/s 482 Cr.P.C is not maintainable against order taking cognizance for an offence in SC/ST Act, as only appeal provided u/s 14-A(1) of SC/ST Act..........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Grant of leave to appeal - Principles governing - (i) Ss.96 and 100 of CPC provide for preferring an appeal from an original decree or decree in appeal respectively; (ii) said provisions do not enumerate the categories of persons who can file an appeal; (iii) however it a settled legal proposition that a stranger..........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - By a stranger to decree - Grant of leave to appeal - A stranger cannot be permitted to file an appeal in any proceedings unless he satisfies the Court that he falls with category of aggrieved persons - It is only where a judgment and decree prejudicially affects a person who is not a party to the proceedings, he can..........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - By a stranger to decree - Grant of leave to appeal - `Person aggrieved' - Does not include a person who suffers from a psychological or an imaginary injury - A person aggrieved must, therefore, necessarily be one, whose right or interest has been adversely affected or jeopardized...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - New defence cannot be permitted to sought in second appeal for which neither foundation was laid in pleadings nor in the evidence...........
Agreement to sell -- Suit for specific performance - Absence of pleading in the plaint that plaintiff is ready and willing to perform his part of the contract - High Court on the basis of affidavit filed in first appeal, that plaintiff is ready and willing to perform his part of the contract, decreed the suit - Held, procedure adopted by High Court to straightaway rely..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Accused had never entered into any agreement with complainant nor did he issue any cheques in favour of complainant - Even, DW2 in his cross-examination has stated that for running business of accused there is no necessity of tipper or dogger - Moreover, service of demand..........
Passport Act, 1967, Section 6(2)(e), (f) -- Renewal of passport - Passport authority cannot refuse the renewal of passport on the ground of pendency of criminal appeal...........
Limitation -- COVID 19 - Computing period of Limitation - (i) in computing period of limitation for any suit, appeal, application or proceeding, period from 15.3.2020 till 2.10.21 shall stand excluded - Consequently, balance period of limitation remaining as on 15.3.21, if any shall become available with effect from 3.10.21; (ii) in cases where limitation would have..........
