Criminal Procedure Code, 1973, Section 378(1) -- Appeal against acquittal - Interference - Appellate Court should not ordinarily interfere with the findings of fact arrived at by trial Court unless reasons given by trial Court are perverse or illegal on the very face of it...........
Civil Procedure Code, 1908, Order 41, Rule 26 -- Objections against findings - Separate appeal does not lie - Only remedy thereagainst is of preferring objections U.O.41.R.26 CPC - Findings received from Trial Court are not final and binding on Appellate Court merely because objections are not filed - Appellate Court is required to examine the findings on their merits and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Delay of 6 years in seeking amendment - Application moved at the stage of final arguments in appeal - Amendment at such belated stage, after a quarter of century not necessary for purpose of determining real question in controversy between parties - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 34 -- Suspension of sentence - Murder - Role of applicant is only that he caught hold of legs of deceased and dashed him against Dol in an agricultural field - Injured died after four months - Applicant seeking suspension of sentence and grant of bail for having been in custody for past five..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - In absence of satisfactory reason for non production of evidence in trial Court, additional evidence should not be admitted in appeal as a party guilty of remissness in lower Court, is not entitled to give further evidence...........
Foreign Exchange Regulation Act, 1973, Section 56, 61, 62, Criminal Procedure Code, 1973, Section 407, 439 - - Offence under the Act - Held, not exclusively triable by Magistrate of 1st class - Transfer of case to special Judge not illegal - It does not have effect of taking away right of appeal - Appeal from order of Special Judge can be preferred to High Court...........
Civil Procedure Code, 1908, Order 22, Rule 3(4)(As - - Impleading of legal representatives - There is no need at all to file an application for condoning delay in filing legal representative application or for setting aside abatement - Appeal could be prosecuted even in the absence of legal representatives from being brought on record as per the amended provisions of..........
Civil Procedure Code, 1908, Section 152 -- Amendment of decree - To claim interest on mesne profits which was not granted in the decree - Such decree cannot be sought to be amended by filing an application u/s 152 CPC as it is not a clerical mistake, accidental omission or arithmetical error - Only remedy available to aggrieved party is to file an appeal...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement not filed - Absolutely no reasoning in judgment - Even if, no written statement is filed, Court is duty bound to write judgment in conformity with provisions of Code or at least to set out reasons by which controversy is resolved - Appeal allowed and suit restored for fresh disposal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact is not to be disturbed by High Court u/s.100 CPC when no substantial question is involved - Concurrent finding of facts recorded by Courts below do not warrant interference in second appeal in routine manner...........
