Civil Procedure Code, 1908, Section 100 -- Second appeal - Mere appreciation of facts, documentary evidence and contents of documents cannot be held to be raising a substantial question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - A proper test for determining whether a question of law raised in the case is substantial would be or whether it directly and substantially affects the rights of parties and if so, whether it is either an open question in the sense that it is not finally settled by superior Courts or..........
Punjab Courts Act, 1918, Section 41 -- Second appeal - In Punjab and Haryana, second appeals preferred are to be treated as appeals u/s 41 of the Act and not u/s 100 CPC...........
Special Marriage Act, 1954, Section 27(1)(d), 28 -- Divorce - Divorce granted in favour of husband on the ground of cruelty - Though wife filed appeal against such divorce decree, however, parties amicably settled the matter and they have filed consent terms in order to dissolve marriage by way of mutual consent - Marriage dissolved by mutual consent between parties u/s 28..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Inordinate delay of 1489 days in filing appeal - Explanation furnished neither establishes a sufficient cause nor covers the entirety of delay which would justify condonation of an extraordinary delay - Vague assertions or generalized difficulties do not meet the statutory threshold - Application dismissed...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Non-adding of future prospects - Appellant did not file any appeal to challenge the judgment and order of Tribunal - It was insurance company who approached High Court - Therefore, it would not be permissible for Supreme Court to go into the ground of non-adding of `future prospects' raised by appellant and..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Guidelines modified, viz. (a) If accused pays cheque amount before recording of his evidence (namely defence evidence), then Trial Court may allow compounding of offence without imposing any cost or penalty on accused; (b) If accused makes payment of cheque amount post..........
Civil Procedure Code, 1908, Order 47, Rule 7(1) -- Review - Rejection of application - No appeal lies thereagainst...........
Civil Procedure Code, 1908, Order 47, Rule 7(1) -- Review - Dismissal of application - Party aggrieved by rejection of review petition has to challenge the decree or order, as the case may be, and not the order of rejection of the review petition - However, in case review petition is allowed and the suit or proceeding is placed for rehearing then O.47.R.7(1) permits party..........
Family Courts Act, 1984, Section 19(2), Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance proceedings u/s 125 Cr.P.C (S.144 BNSS) - Appeal - Condonation of delay in filing appeal - - Appeal is not maintainable against an order passed by Family Court in maintenance proceedings u/s..........
