Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 366, 376, 342 -- Summoning of additional accused - Revision filed against order summoning additional accused - In the mean time accused acquitted as prosecution case not proved - This order became final as no appeal filed thereagainst - Impugned order of summoning of additional accused quashed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Since both the Courts below have granted relief of possession in respect of suit property on basis of admission made in written statement, instant appeal does not raise any substantial question of law - Appeal dismissed...........
Civil Procedure Code, 1908, Section 97 -- Appeal - Partition suit - No appeal filed challenging preliminary decree, it becomes final - Aggrieved party therefore, cannot be permitted to challenge its correctness in an appeal against final decree...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent and mandatory injunction - Plaintiff claimed his right and title over suit property on the basis of sale deed executed in his favour - Defendant on the other hand himself admitted that no ownership was transferred in his favour - Neither name of defendant was shown in revenue records nor any case..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 313, 365, 344, 120B -- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 313, 365, 344, 120-B IPC - Applicant prayed for stay of order of conviction as she intends to contest the elections in State of Punjab - However, involvement of applicant in serious offence..........
Civil Procedure Code, 1908, Order 44, Rule 3(1) -- Appeal by indigent person - Provisions of O.44.R.3(1) CPC, is applicable in second appeal, as there is no separate provision for the same...........
Civil Procedure Code, 1908, Order 44, Rule 3(1) -- Appeal by indigent person - Delay in filing appeal already condoned - Since plaintiffs/applicants have compiled with the provisions of O.44.R.3(1) CPC, there is no need to examine their status regarding pauperism from registrar - Applicants permitted to sue the matter without paying Court fee...........
Civil Procedure Code, 1908, Section 97, 54 -- Decree for partition - Appeal - Discrepancy in preliminary and final decree - Decree in appeal not final decree - However, certified copy of final decree passed on a different date placed on record - Appeal is not maintainable...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - In case of acquittal double presumption is in favour of accused i.e : (i) presumption of innocence; and (ii) Accused having secured his acquittal, presumption of his innocence is further reinforced, reaffirmed and strengthened by trial Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Appeal - Against an order granting ex parte interim injunction for the second time - Appeal is maintainable, particularly when ex parte interim injunction granted by Court entertaining second application itself is erroneous, as provision of O.39.R.3(a) CPC not complied...........
