Civil Procedure Code, 1908, Section 100 -- Second appeal - When findings of facts arrived by First Appellate Court on appreciation of pleadings and evidence of parties are neither perverse nor unreasonable, question of interfering with the same through second appeal filed by plaintiff does not arise...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and eviction - First Appellate Court held that plaintiff has failed to establish his title and possession over suit properties and plaintiff is not entitled to get decree of declaration of right, title, interest over suit properties and he is also not entitled to get decree of recovery..........
Civil Procedure Code, 1908, Order 26, Rule 1, Evidence Act, 1872, Section 50 -- Suit for partition - Issue is whether the relationship between the deceased `D' and the plaintiffs' mother can be presumed to be a valid marital union, in the absence of formal documentary proof - The defendants, except for denying the marriage between the deceased `D' and the plaintiffs'..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Merely because convicted person filed an appeal challenging his conviction, Court should not suspend operation of conviction and Court has a duty to look at all aspects including ramifications of keeping such conviction in abeyance...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Applicant has been convicted for charges u/ss 304, 307, 504 IPC and S.25 of Arms Act, which is not connected with his position as Clerk, nor it is an offence relating to moral turpitude - In case an order suspending conviction and sentence is passed, it would not violate any..........
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Section 4 -- Acquisition of land - There was an invisible power acting behind the Society and the SRA is further evident from the fact that in some of its initial filings for the acquisition proposal - The High Court has also recognized such fraudulent acts of the developer painting a stark..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Right of residence - Marriage of wife was dissolved by a decree of divorce - Although said decree has been challenged by wife and matter stands remanded for fresh adjudication, as on date there is no subsisting matrimonial bond or domestic relationship between parties - In the absence of..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Maintainability - Order rejecting application U.O.21.R.97 CPC filed against execution of eviction decree passed in SCC suit - Said order is revisable u/s 25 of Provincial Small Cause Courts Act - Appeal u/s 96 CPC is not maintainable against such an order - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 340 -- Prosecution of offences - Forgery and perjury - Jurisdiction - Review - "whether a review or recall of an order passed in a criminal proceeding initiated under section 340 of CrPC is permissible or not?" - The Provision explicitly provides that except for clerical and arithmetical error, no court shall alter or review its..........
Telegraph Act, 1885, Section 16(3) -- Enhancement of compensation on account of damages suffered by erection of transmission lines and towers - In the process of determination of compensation, evidence will have to be led by the parties - Unless statutory remedy of appeal is provided where all issues of law and facts can be re-examined, any other remedy may be illusionary...........
