Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Bail during pendency of appeal on deposit of 20% of compensation amount - Non-compliance of condition by not depositing the compensation amount in Court - Bail liable to be vacated, as condition of bail is violated by accused...........
Criminal Procedure Code, 1973, Section 389(1), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 27A, 29 -- Suspension of sentence during pendency of appeal against conviction - Recovery of 650 gms heroin - Commercial quantity recovered from accused - Accused had undergone nearly 7 years of imprisonment - Application rightly rejected - However, High..........
Rent and eviction -- Extension of time to vacate - Concurrent findings of two Courts below decreeing suit of plaintiff - However, tenant is not pressing the appeal on merits and craving a reasonable time to vacate the premises - Direction issued to tenant to submit an undertaking to the effect that he will handover peaceful and vacant possession of suit premises to..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Trial Court acquitted accused and High Court convicted - High Court was of the view that PW 2, 3 and 5 can be believed - Unless it is held that view taken by trial Court disbelieving the witnesses is not a possible view, High Court ought not to have interfered with the acquittal recorded by trial..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex parte decree - Setting aside - Non filing of written statement within time - Death of defendant and L.R's impleaded - Refusal of prayer of substituted defendants to give them opportunity to cross examine plaintiff's witnesses on the date fixed for ex parte hearing of suit - No..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Application for condonation of delay in filing appeal cannot be rejected merely on the ground that there is great delay because law of limitation is not meant to take away right of appeal and length of delay is not very much material if there is some substance in ground and on merit also...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of two Courts - When documentary evidence has not been properly considered by Courts below, findings of Court below can very well be interfered in second appeal...........
Criminal Procedure Code, 1973, Section 374, 384 -- Appeal against conviction - Accused acquitted - Offence u/ss 7, 13(1), 13(2) of P.C. Act - High Court acquitted accused without adverting to reasons given by trial Court while convicting accused and without re-appreciating entire evidence on record in detail - Impugned order of acquittal of accused set aside - Matter..........
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..........
