Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Power to stay execution of a decree vests in executing Court itself and is not dependent upon any order of stay being passed by a superior Court or by a Court before which an appeal may be pending...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Encroachment by defendant - Lower Appellate Court after appreciating facts and evidence on record, not only relied upon tatima, but also considered report of Local Commissioner appointed came to conclusion that defendants encroached upon land of plaintiffs - Report of Local Commissioner which..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Preliminary decree - Partition suit - Oral partition between parties already taken place as per defendant No.2 - However, no documents on record to prove factum of oral partition - Even otherwise, admission made by DW2 that there is no oral partition, is on record - Since defendant No.2 pleaded oral partition,..........
Criminal Procedure Code, 1973, Section 394 -- Abatement of appeal - Death of appellant - Application u/s 394 Proviso Cr.P.C. not filed by any of near relatives of appellate within 30 days of death of appellant for leave to continue appeal - Appeal held, abated...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Normally, such application has to be taken along with appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - It cannot be said that there is no relevance to the document in question - Appellate Court directed to take up said application and dispose of the same along with appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, permanent injunction and mandatory injunction - Plaintiff sold the property to defendant No.1 by executing the documentation being agreement to sell, general power of attorney (GPA), Will, receipt etc. - Transfer of rights in an immovable property is a bilateral act, thus, said contract cannot..........
Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Death of plaintiff during pendency of appeal - Question of substitution of LRs of deceased and abatement of suit/appeal for want of consequential steps has to be decided by that very Court where at the time of death of such party lis was pending...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff during pendency of appeal - Judgment and decree passed in said appeal without taking note of death of plaintiff is admittedly against a dead person and a nullity - Impugned order of first appellate Court set aside - Case remanded to Lower Appellate Court for disposal afresh in accordance with law...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Recovery of 4 kgs of heroine - FSL report discloses that only 50 gms of heroine was actually in possession of accused - Accused remained in custody for about 5 1/2 years - Thus, taking into account period of..........
