Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court in second appeal cannot re-appreciate evidence or facts unless case involves a substantial question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Concurrent findings recorded to the effect that plaintiffs are absolute owners and possessors of suit scheduled property and they are in possession of same - There is no perversity in judgments of both the Courts below - No interference warranted in said..........
Criminal trial -- Appeal against conviction - Registrar through Registrar General requested to place matter before Chief Justice that periodical listing of matters be taken up in High Court so that those who are in jail for more than 10 or 14 years, where appeals are pending may at least get their appeal heard which are mainly jail appeals...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of accused during pendency of appeal filed by complainant against order of acquittal - Appeal abates on death of accused - Application for substitution of L.R's of deceased accused rejected...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Appellate Court has jurisdiction to rehear appeal on questions of law as well as fact...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First appeal - First Appellate Court is required to comply with requirements of O.41.R.31 CPC and non-observance of these requirements lead to infirmity in judgment - High Court not complied with any of said requirements - High Court has to re-consider the matter - Matter remitted back to High Court for fresh..........
Civil Procedure Code, 1908, Section 96, 115, Order 7, Rule 11 -- Rejection of plaint - Order allowing application - It is appeal and not revision which lies thereagainst - However, where application is rejected it is revision which lies against such an order...........
Criminal Procedure Code, 1973, Section 389(1), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), 11 -- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 13(2), 13(1)(e), 11 of P. C Act - Considering facts and circumstances of case including extent of imprisonment undergone, condition of health of accused and need for early..........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Murder case - Record of trial Court had already weeded out and reconstruction of that record is not possible - Incident took place in the year 1981 and now 33 years have passed since conviction - There remains no possibility of retrial at this stage after long gap of about 39 years since..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of possession in favour of plaintiff being a finding of fact based on material evidence available on record is not liable to be interfered by High Court in exercise of its power u/s 100 CPC...........
