Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Once very acquisition and notifications u/ss 4, 6 of the Act were subject matter of other proceedings pending before High Court, in order to avoid any further conflicting orders and even otherwise on basis of proprietary the High Court, all appeals with respect to same acquisition where notifications were..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejection of application without affording any opportunity of hearing to defendant is not proper - Impugned order set aside - Matter remanded...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Once parties agreed to set aside award and to remit the matter to Sole arbitrator for fresh reasoned award and order was passed on consent, thereafter it was not open for petitioner to contend that matter may not be and/or ought not to have been remanded to same sole arbitrator...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Title suit - Appellate Court was of view that documentary evidence with respect to partition was necessary for just disposal of case - Neither of parties have brought documentary evidence with respect to partition in family property - There was thus, no occasion for appellate Court to have remanded the case for a..........
Criminal Procedure Code, 1973, Section 378 -- First appeal against order of acquittal - High Court while dismissing appeal has not at all discussed or re-appreciated the entire evidence on record - In fact, High Court has only made general observations on the deposition of witnesses examined - However, there is no re-appreciation of entire evidence on record in detail,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration of ownership on the basis of gift deed filed after a delay of about 20 years - Trial Court dismissed the application by holding that point of limitation is a mixed question of law and fact - Impugned order set aside in view of judgments of Supreme Court passed..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Appellant had gone out of State for earning his livelihood and his brother also died after prolonged disease - He therefore, could not contact his counsel nor his counsel informed him about decreeing of suit in favour of plaintiff - Order dismissing application for condonation of delay set..........
Insolvency and Bankruptcy Code, 2016, Section 60(5)(c) -- Corporate Insolvency Resolution process (CIRP) - Payment of insolvency Resolution costs - Adjudicating authority merely directed respondent to pay expenses incurred without considering submission of appellant - Neither basis of claim nor its reasonableness has been considered by adjudicating authority - Appellate..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n), 34, Protection of Children from Sexual Offences Act, 2012, Section 5(L) -- Kidnapping and rape - Determination of age of victim - Prosecution has not proved the date of birth of victim by examining school Head master/teacher - Even the ossification test was not conducted - Moreover, when prosecution itself had filed a..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Suit for permanent injunction - Lower Appellate Court has committed a grave error in not noticing evidence of either of parties, neither returning any definite finding regarding property in dispute, construction or possession of either of parties and has dismissed the same - Since disputed issues between..........
