Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Grounds in review application neither fall within ambit of discovery of new and important matter or evidence nor within mistake or error apparent on face of record - Review application appears to be an appeal in disguise and accordingly dismissed...........
Commercial Courts Act, 2015, Section 13(1A) -- Appeal - Remedy of appeal under the provisions of Act is available against those orders which are specifically and exhaustively enumerated U.O.43 CPC and S.37 of Arbitration and Conciliation Act - No appeal shall lie against orders which do not fall within scope and ambit of orders specified therein...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Final decree - Partition suit - Appellant already filed a memo of instructions to allot his 7/30 share with plaintiffs share in "A" schedule property along with his mother and one of sisters - He has not raised any objection during final decree proceedings nor he preferred any appeal challenging final decree..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Quashing of proceedings - Proceedings under PWDV Act - Interim order passed by Magistrate under PWDV Act cannot be said to be one of gross illegality or irregularity - Petitioner could very well approach same Court seeking order modifying or vacating..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that cheque and other documents are null and void - Trial Court based on FIR registered by plaintiff against defendant has straightaway taking version pleaded by plaintiff as conclusive proof decreed the suit without considering fact that FIR was registered based on statement given by plaintiff..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused pleaded guilty and deposited cash amount of Rs.2,00,000 and prayed to pay remaining amount in instalments of Rs.1,00,000 - However, Court directed to pay monthly instalment of Rs.1,50,000/- - Trial Court even thereafter recorded evidence and finally convicted accused - Sessions Judge allowed..........
Criminal Procedure Code, 1973, Section 386(b)(iii) -- Appeal against conviction - While entertaining an appeal from a conviction as per S.386(b)(iii) Cr.P.C., appellate Court though entitled to alter the finding and nature and extent of sentence, cannot enhance the sentence...........
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..........
