Civil Procedure Code, 1908, Section 100 -- Second appeal - Finding of fact - Can be interfered with if the same has been arrived at without considering any part of the evidence oral as well as documentary - In case it is established that the court has bye-passed the material evidence, it is well within its right to examine that aspect of the matter and reverse the same if..........
Hindu Marriage Act, 1955, Section 13(1)(a) -- Exparte decree for judicial separation - Appeal - Cruelty - Plaintiffs evidence regarding cruelty casual and not supported by circumstances or by other evidence - Cruelty not found proved in proceedings u/s.125 Cr.P.C. - Held, decree cannot be sustained...........
Civil Procedure Code, 1908, Order 39, Rule 3A -- Lawyer's strike - Inspite of that stay order extended - Defendant violated order during this period - For violating injunction defendant ordered to be put in civil prison for three months - Appeal allowed holding that an order passed by Court extending stay on the date on which lawyers are not attending courts would not bind..........
Civil Procedure Code, 1908, Order 22, Rule 4, 11 -- Decree passed in ignorance of death of sole respondent, in favour of respondent in appeal - Decree is a nullity...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Exparte divorce decree - Husband marrying after expiry of period of limitation for filing appeal - First wife filing petition for setting aside exparte divorce decree - Second wife allowed to be impleaded as a party...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Application for condona-tion of delay must contain not only the cause which led to the delay in filing the appeal but also must contain all the relevant material which would enable the Court to determine that the applicant, despite due diligence, was prevented from filing the appeal within limitation...........
Motor Vehicles Act, 1939, Section 110B -- Amount wrongly given by Tribunal - No appeal by Insurance Company - Yet, amount wrongly given by Tribunal can be disallowed by High Court...........
Motor Vehicles Act, 1939, Section 110B -- Pain and suffering including continuing or permanent disability - Rs.12, 000/- claimed but enhanced to Rs.36, 500/- on the basis of consumer price index in the month of accident - Held, High Court can, in appeal, grant less or more amount under any particular head irrespective of amount claimed subject to total amount computed not..........
Civil Procedure Code, 1908, Section 96, Order 23, Rule 3 -- Compromise - Validity - Can be challenged either in a petition under proviso to Rule 3 of Order 23 or an appeal under S.96(1) CPC...........
Civil Procedure Code, 1908, Section 96(3) -- No appeal lies from a decree passed by court with consent of parties...........
