Agreement to sell -- Specific performance - Readiness and willingness - Concurrent findings of trial Court and first appellate Court - High Court in second appeal ought not to have interfered with such findings of fact unless such findings are found to be perverse - Since findings recorded cannot be said to be perverse and/or contrary to evidence on record, High Court..........
Civil Procedure Code, 1908, Order 8, Rule 6A, 6C -- Separation of counter claim from main suit - Claim and counter claim is regarded as a unified proceeding and the same is to be disposed of by a singular judgment, both on the original claim and on the counter claim - However, U.O.8.R.6-C, Court has power to exclude the counter claim and order defendant to file an..........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Matters finally disposed of by order of remand cannot, any of them, be re-opened when case comes back before High Court in second round from first appellate Court - But if at the time of remand, no final decision is given on a point, though some observations only are..........
Criminal Procedure Code, 1973, Section 362 -- Modification of judgment - There is no specific direction to pass any particular order and the matter has been left to discretion of authorities who are supposed to go into the details, both on factual and legal aspects and then pass a reasoned order - No occasion to modify judgment and order...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 12, Rule 6 -- Application U.O.6.R.17 CPC for amendment of pleadings is maintainable when filed at the stage when case was fixed for pronouncement of order on an application filed U.O.12.R.6 CPC - Application U.O.6.R.17 CPC can be filed upto the pronouncement of judgment and even after fling of..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Petition by wife - Application for restitution of conjugal rights and for declaration of guardianship and custody of minor children filed by husband sought to be transferred by wife - Interim order granting custody of children to husband is still in force and therefore, contention of wife of children being in..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Trial Court disposed of suit on merits and not on preliminary issue - In appeal, first appellate Court set aside judgment and decree of trial Court and directed trial Court to decide suit afresh - Order of remand passed by first appellate Court is in exercise of its powers U.O.41.R.23-A CPC and not U.O.41.R.23 or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Conviction by Appellate Court - Sufficient opportunities not given to accused to defend the case, especially when he intended to reverse the judgment of acquittal - Even, otherwise, if at all accused has not appeared before Court and argued the matter, Sessions Judge should..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Application U.O.9.R.13 CPC - When an ex parte judgment and decree is passed, it hardly makes any difference if a formal order setting defendant ex parte has been passed or not - O.9.R.13 CPC relates to an ex parte decree and not an order...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - After filing of charge sheet - Particulars required to be given in anticipatory bail application, viz. (i) Charge-sheet along with entire material collected by I.O should be made part of anticipatory bail application; (ii) Clear pleading with reference to material on record should be made stating under which..........
