Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First appeal - First Appellate Court has jurisdiction to reverse or affirm the findings of trial Court - However, when first appellate Court reverses findings of trial Court, it is expected to record findings in clear terms, specifically stating therein, in what manner, reasoning of trial Court is erroneous...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First appeal - It is a valuable right of parties and parties have right to be heard both on questions of law and also on facts - First appellate Court required to address itself to all issues and decide the case by giving reasons in support of such findings...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 31(ii) -- Conviction of accused second time for repeated offence - Conviction u/ss 29, 21 of NDPS Act - Recovery of 750 gms heroin - Accused already completed 12 years of incarceration earlier also for the same offence - However, since recovery is commercial quantity, trial Court already taken a lenient view by..........
Specific Relief Act, 1963, Section 31 -- Cancellation of documents - Documents can be cancelled by Court, where the right of plaintiff over the suit property as a whole is affected by said documents, even though plaintiffs are not party to said documents...........
Arbitration and Conciliation Act, 1996, Section 31(3), 34 -- Setting aside of award - Excepted matters - Arbitrator declined to adjudicate the claims on the ground that the matter is excepted matters without giving any reasons - Award held, to be in conflict with public policy and is hereby set aside...........
Orissa Industrial Infrastructure Development Corporation Act, 1980, Section 31 -- Resumption of land - Validity of - High Court passing order to lease out balance land - Despite receiving of advanced possession of portion of land upon payment of certain amount, MESCO failed to execute draft lease deed - More than 5 years time given to MESCO to perform its part - Deliberate..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(31), 37(1)(g) -- Abandoned minor child - Appointment of guardian - Father of minor was accused and mother had abandoned the family and remarried - Child Welfare Committee (CWC) rightly appointed director of Samarpan Homes for Girls, as guardian of minor, as there was no natural guardian - Sessions..........
Armed Forces Tribunal Act, 2007, Section 31 -- General Reserve Engineering Force (GREF) of Boarder Roads Organization (Group A) Rules 1965 - Jurisdiction of Armed Forces Tribunal And Central Administrative Tribunal over members of GREF - Members of GREF being governed by Army Act, 1950, as well as Central Civil Services (CCA) Rules, 1965 can agitate their grievances..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b), 29, 31 -- Contraband - Enhanced sentence - Accused convicted second time for the same offence - He was 65 years of age and suffering from various ailments - It is not a case where maximum punishment and thereafter multiplier of one and one-half times applied, as awarded by High Court - Held, keeping..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 31 -- Impleadment of a party in first appeal - Party impleaded must be afforded an opportunity to adduce oral and documentary evidence and make his submission...........
