Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Erroneous decision is not a ground for review - A judgment may be open to review if there is a mistake or error apparent on the face of record - Subsequent decision of a co-ordinate Bench is not a ground to review the judgment, which is the scope of only an appeal...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability - Statement made by counsel for third respondent that in event of petitioner's making an application for amendment of plaint in pending suit on basis of averments made in summons issued, he would not oppose same - Company Judge recorded same and opined that it is not necessary to grant present Judge's..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in second appeal - High Court may permit any additional evidence in second appeal where it appears that same is in the interest of justice or same refers to subsequent happenings or events which are relevant for disposal of second appeal...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 394, 34 -- Appeal - Dismissal for non prosecution - No criminal appeal can be dismissed on ground of default in appearance - Court has to go through record of case even in absence of appellants or his counsel and decide the matter on merit - Order of dismissal quashed - Appeal remanded to be..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ex parte decree - Setting aside - Appeal against order refusing to set aside ex parte decree - Summons were duly served by ordinary post as well as by affixing and by registered post and finally by publication in the newspaper where defendant carries on business - Amount of..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of Appeal - When an application is made to withdraw appeal with liberty to file a fresh suit, dismissal of appeal as withdrawn while declining permission to file fresh suit is not legal - Application be either allowed in toto or dismissed in toto by a reasoned order after hearing both sides...........
Criminal Procedure Code, 1973, Section 256, 378(4), 482 -- Complaint - Summon case - Dismissal for want of prosecution - Remedy against dismissal - Held, remedy is to file leave to appeal and appeal u/s.378(4) Cr.P.C. - Petition u/s.482 Cr.P.C. for quashing of dismissal order or restoration of complaint not maintainable...........
Criminal Procedure Code, 1973, Section 407, 482 -- Transfer of sessions trial without hearing victim - Re-call of order - Victim is an aggrieved person not only in crime, but also in investigation, enquiry, trial, appeal, revision, review and also proceedings by which inherent powers of Court u/s.482 are invoked - Held, transfer of sessions trial without hearing victim is..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Admissibility of marked document - Even when a document is marked as an exhibit, objection to its admissibility can be raised at a later stage or even in appeal or revision if the objection relates to substantive law such as Registration Act or Stamp Act or other specific provision...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Bail during pendency of appeal - Conviction u/ss 120-B, 420, 409, 467, 468, 471 and 477A IPC and S.13(2) Prevention of Corruption Act - Accused being Chairman of Public Accounts Committee even after having..........
