Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of appellate Court - Has to state the reasons for the decision - Absence of analysis not only evinces no, application of mind but mummifies the core spirit of judgment - In the instant case, High Court while affirming the judgment of trial Court, has really not ascribed any reason - There has been no analysis of..........
Civil Procedure Code, 1908, Order 41, Rule 27, 23, 23A -- Remand of case while allowing production of additional evidence - District Court in its discretionary power was justified in giving opportunity to defendant to adduce additional evidence in peculiar facts and circumstances of case, particularly when he has no fault on his part - High Court committed error in setting..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Contentious issue particularly with regard to authenticity of Mutation entry and question as to whether there was a complete or partial redemption of mortgage property did raise substantial questions of law which required High Court to frame appropriate..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Police protection - Decree for permanent injunction - Police protection allowed by executing Court - Order set aside by High Court - Application not liable to be dismissed merely for the reason that it was filed u/s 151 CPC and not U.O.21.R.32 CPC - Order allowing police protection cannot be set..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - High Court in its revisional jurisdiction to see only whether findings are illegal or perverse in the sense that a reasonably informed person will not enter such finding - High Court shall not exercise its power as appellate power to re-appreciate or reassess evidence for coming to different finding on..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte decree - Setting aside - Dismissal of application in default - Appeal against said order, is maintainable...........
Civil Procedure Code, 1908, Section 141 -- Miscellaneous proceedings - Dismissal of application U.O.9.R.13 CPC in default - It is an order passed in miscellaneous proceedings, which is expressly included in S.141 explanation CPC - Even application U.O.9.R.9 CPC, for restoring application dismissed in default U.O.9.R.13 CPC is also a miscellaneous proceedings u/s 141 CPC...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Averments in plaint referring to an undertaking given in a letter to honour the cheques - No specific denial in written statement as to undertaking given in letter - Defendant failed to produce the original letter and instead a Xerox copy of said letter was filed - Deliberate attempt was made by..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Discharge - Financial fraud - Forged documents - One Time Settlement - Accused got Letters of credits (L.Cs) issued by bank in favour of fictitious companies proposed by them and said companies got the same discounted by attaching their bogus bills - It is not a simple..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of specific performance - Plaintiff directed to pay balance sale consideration, stamp duty and penalty within two months - Quantum of stamp duty not adjudicated and penalty not determined resulting in failure of decree holder to pay the same - Decree holder already paid sale consideration to vendor - Order..........
