Indian Penal Code, 1860, Section 302, 148, 34, Evidence Act, 1872, Section 3 -- Murder - Appeal against acquittal by trial Court - Conviction by High Court - Appreciation of evidence - As per evidence on record, identification of accused not proved on record - Even, there is delay in lodging of FIR which provided opportunity to informant and other PWs to implicate their..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Enhancement of - Value of pomegranate trees - Supreme Court fixed compensation @ Rs.3000 per pomegranate tree in another appeal, as against Rs.2000 as fixed by High Court in respect of acquisition for same project - It would be just, reasonable and proper to fix compensation @ Rs.3000 per..........
Civil Procedure Code, 1908, Order 41, Rule 9, Civil Procedure Code, 1908, Order 44, Rule 1 -- Leave to appeal as an indigent - Delay in filing appeal - An appeal accompanied by a delay petition is a valid appeal registered on the date of filing and is to be numbered - The above rule applies equally to indigent appeal U.O.44.R.1 of CPC...........
Civil Procedure Code, 1908, Order 41, Rule 9 -- Leave to appeal - Delay in filing - Condonation of delay - Question arose as to whether appeal to be numbered on date of filing or to date of condonation - Held, a valid appeal is registered on its filing for all practical purposes even if appeal and C.M.C.(P) are accompanied by a petition to condone delay in filing the..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Limitation Act, 1963, Section 5 -- Domestic violence - Delay in filing appeal - Condonation of delay - Delay in filing appeal against ex parte order passed u/s 12 of PWDV Act - Material brought on record shows that opposite party No.2 is wife of petitioner and a son is born from said wedlock - Petitioner is..........
Civil Procedure Code, 1908, Order 41, Rule 22, Limitation Act, 1963, Section 5 -- Appeal - Cross-objections - Limitation to file cross objections starts to run from date of service of notice of appeal - Cross-objections not filed within statutory period of 30 days after service of notice upon party - Even, despite there being an application for condonation of delay, same..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 198 days in filing appeal - Sufficient cause not shown - Delay cannot be condoned...........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 19 -- Second appeal - Maintainability - First appeal dismissed in default - Prayer for re-admission of appeal along with application for condonation of delay, rejected as the same was barred by limitation - If application seeking condonation of delay is rejected, then such decision cannot be appealable - Only remedy..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Partition suit - Earlier application u/s 5 of the Act filed along with appeal against preliminary decree containing identical assertions rejected by this Court - Rejection of earlier application thus, operates as res judicata - Moreover, there is no explanation of delay in filing appeal -..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Delay - Condonation - Delay of 74 days in filing of appeal - Period of limitation for filing appeal is 60 days - Satisfactory grounds have been furnished for delay to which personal pre-occupation of counsel also comprised a contributory factor - There is no gross negligence or deliberate inaction or..........
