Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Leave to appeal - High Court while determining an application for leave to appeal must set forth its reasons in brief...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - New plea - Appellants cannot be permitted to put forth a new plea in second appeal, which was never taken before both the Courts below...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 16, 7(2) -- Appeal - Order of Tribunal - Right of appeal u/s 16(1) of the Act is conferred on both the sides...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 9 months in filing appeal - No plausible explanation has been given for delay worth acceptance except for bald statement that petitioner did not know about passing of judgment and decree against which appeal is sought - Application for condonation of delay dismissed...........
Court Fees Act, 1870, Section 16 -- Refund of Court fee - Withdrawal of appeal pursuant to an amicable settlement of dispute arrived at between parties outside Court without getting matter referred to alternative dispute resolution forum as contemplated u/s 89 CPC - Appellants are entitled to refund of Court fee...........
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..........
Civil Procedure Code, 1908, Order 41, Rule 23A, Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Second appeal - Maintainability - Order of remand passed U.O.41.R.23-A CPC is amenable to appeal U.O.43.R.1(u) CPC - Second appeal against such an order is not maintainable...........
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, Section 100 -- Second appeal - Issue regarding non proving of Will - Both the Courts below considered the evidence and concluded that attesting witness has proved the Will - That being finding of fact affirmed by two Courts cannot be assailed in second appeal when no perversity is pointed out...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Second appeal arising out of civil suit pending wherein Court has directed the parties to maintain status quo - Proceedings quashed - Mustard crop seized or handed over to the receiver ordered to be returned back in a proper condition - If crop seized is not available then SDM shall be personally..........
