Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Where document has been objected to being abinition and/or inadmissible in evidence - Even if it is not objected to prior to its admission an objection can be raised at any stage of hearing, including in appeal or revision as well - An inadmissible document cannot be read into evidence..........
Civil Procedure Code, 1908, Order 39, Rule 2A, Contempt of Courts Act, 1971, Section 10, 12 -- Contempt - Dispute was inter se as such between family and dispute was only qua raising construction and because of mother alienating her share during pendency of appeal which was filed one of her son, it would not amount as such to violating any order passed by Court, which were..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If at the time of passing an order of acquittal two opinions are possible on some point and trial Court has taken one in passing acquittal order, Appellate Court may not interfere with the order of acquittal and take another view unless there is some glaring mistake of law or perversity in the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Application - for setting aside ex parte decree is not maintainable, where appeal is already disposed of/decided...........
Civil Procedure Code, 1908, Section 47 -- Execution - Ex parte decree - Validity of ex parte decree cannot be challenged before executing Court - Executing Court cannot go behind the decree - If defendant is aggrieved by ex parte decree passed by Civil Court, it is open for him either to file an application before trial Court for setting aside ex parte decree and for..........
Criminal Procedure Code, 1973, Section 386, Indian Penal Code, 1860, Section 304B, 201, 120B, Dowry Prohibition Act, 1961, Section 4 -- De novo trial - Dowry death - Appeal against conviction - High Court while remitting matter to trial Court for fresh trial pointed out certain lapses on the part of I.O but failed to state as to how such alleged lapses resulted in..........
Criminal Procedure Code, 1973, Section 374(3) -- Appeal against conviction - Appeal filed by accused against conviction and not by State - Appellate Court has no power to enhance the sentence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 374, 378, 372 -- Dishonour of cheque - Appeal against acquittal - Complainant can approach High Court taking recourse to provision of S.378(4) of Cr.P.C. - Appeal preferred by complainant before Sessions Judge taking recourse to proviso to S.372 of Cr.P.C. will not be maintainable - But,..........
Civil Procedure Code, 1908, Section 100A -- No further appeal in certain cases - Letter Patent Appeal - No letters patent appeal was to lie from original or appellate decree or decree of Single Judge were any writ, order or direction issued u/Art.226/227 of Constitution - Legislature in its wisdom preferred to save both types of pending letters patent appeal which were..........
Criminal Procedure Code, 1973, Section 340, 195 -- Procedure - Letters Patents Appeal - Matrimonial dispute - Single Judge of High Court while appreciating entire material and evidence on file formed opinion not to take action considering that dispute between parties arising out of matrimonial dispute and dismissed petition - Letter Patent is correctional remedy - An..........
