Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Bharatiya Nyaya Sanhita, 2023, Section 137(2), 64(1), 3(5), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Cancellation of bail - Kidnapping and rape - Session Court granted bail - Even though concurrent powers vested in High Court along with Special Court or Sessions Court to grant or cancel..........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Condonation of delay in filing appeal - Applicability of S.5 of Limitation Act - Since there is a specific provision governing the field for condonation of delay in filing appeal as stipulated in O.41.R.3-A CPC, provision of S.5 of Limitation Act cannot be invoked...........
Civil Procedure Code, 1908, Section 41, Limitation Act, 1963, Section 5, Article 137 -- Condonation of delay in filing appeal - Limitation - Provision of Art.137 of Limitation Act is applicable to an application filed U.O.41.R.3-A CPC - Invocation of S.5 of Limitation Act to condone said delay beyond 3 years as stipulated u/art 137 of Limitation Act is automatically..........
Industrial Dispute (Maharashtra) Rules, 1957, Rule 82B(1), Industrial Disputes Act, 1947, Section 25O(1) -- Section 25-O provides that the appropriate Government may, after making an enquiry and hearing all the concerned parties, pass an order in writing accepting or rejecting the application for closure - It also provides that if the appropriate Government does not..........
Civil Procedure Code, 1908, Section 100A -- Intra Court Appeal - Not maintainable once Single Judge of High Court decides an appeal arising from original or appellate decree or order...........
Civil Procedure Code, 1908, Section 100A -- Intra Court Appeal - Once intra Court appeal against order sought to be reviewed is not maintainable, then order rejecting an application for review cannot be assailed through medium of intra Court appeal because there can be no challenge to order rejecting review application unless order sought to be reviewed is challenged...........
Civil Procedure Code, 1908, Order 47, Rule 7, Civil Procedure Code, 1908, Order 43.R(1)( -- Appeal - Order rejecting an application for review is not appealable in terms of O.47.R.7 CPC, whereas order granting review is appealable in terms of O.43.R.1(w) CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Temporary injunction during pendency of appeal filed against order of rejection of plaint - When plaint is rejected, it cannot be said that appeal filed against such an order is continuation of suit - Plaint once rejected, until it is revised/restored, an order of temporary..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Allotment of poultry farm - Both the Courts below elaborately discussed the evidence led by parties and during inspection, no poultry farm was found running - There was no chicks in it - Notice was given to plaintiff on violation of conditions mentioned in lease deed..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Tenant who is concededly in possession of property ought not to be evicted at the interim stage of deciding an application U.O.41.R.5 CPC - Eviction of tenant at the interim stage would naturally render appeal infructuous qua his rights, as in the meanwhile landlord shall be at liberty to..........
