Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of appeal - Interim relief not to continue for a period beyond withdrawal of appeal - However, where the matter is heard on merits and after considering the facts of the case Court permits withdrawal of the case, Court can extend the interim relief or can grant interim relief for a limited period after recording..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 13, 14 -- Divorce decree of foreign Court - Couple of Indian Origin acquired citizenship of USA - Married in USA as per Hindu ceremonies - After divorce, custody of child given to husband - Wife came back to India along with child - Husband came to India and filed Habeas Corpus Writ against wife -..........
Criminal Procedure Code, 1973, Section 372, 378(4), 190(b) -- Victim - Right to appeal - Held, intention of amendment to S.372 is to provide a right of appeal to `victims' in cases in which accused is charge sheeted on police report u/s.190(b) CrPC, if State Govt. or Central Govt. or District Magistrate does not prefer an appeal against acquittal of person who caused..........
Criminal Procedure Code, 1973, Section 372, 378, 190(a), 200, Negotiable Instruments Act, 1881, Section 138 -- Private complaint - Appeal against acquittal - Held, an appeal against acquittal of accused by complainant in a case instituted on a private complaint u/s.190(a) r/w S.200 Cr.P.C. will not lie u/s.372 Cr.P.C. before Sessions Court but lie before High Court with..........
Criminal Procedure Code, 1973, Section 360 -- Benefit of probation - Appellants convicted u/s.304(Part II), 323, 324 IPC - Matter related to 26 years ago and accused not habitual offenders - They belong to respectable family - They remained in confinement for considerable time - Held, appellants cannot be released on probation - But sentence reduced to period already..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Application for - Dismissal of - Validity - Held, if appeal in previous suit was pending, that could be a ground for allowing application u/s 10 CPC and not for dismissing it - Question to be determined for adjudication of application u/s 10 CPC is regarding requirements of S.10 CPC being satisfied or not - Trial..........
Criminal Procedure Code, 1973, Section 374, Evidence Act, 1872, Section 106 -- Appeal against conviction - Exercise of power by High Court - Held, HC being appellate Court was required to deal with each and every question raised on behalf of appellants - Though questions were raised before trial Court as well as HC but HC failed to discuss and decide questions raised by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal for default - Acquittal - Validity - Explanation offered by appellant that his advocate could not remain present as he inadvertently forget to post next date of hearing in his diary, leading to further defaults on four occasions, appears..........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23A -- Remand of case - Propriety - Remand of case on ground that proper issues were not framed - Held, if lower appellate Court was convinced that certain issues were not framed by trial Court it should have framed necessary issues - It was incumbent upon lower appellate Court to advert to issues framed by trial..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Fact of compromise sought to be introduced by way of amendment - Parties entered into compromise in regard to the subject matter of appeal preferred against another suit pending in between the parties and also the subject matter of the present suit - Proposed amendment is based on the same set of facts..........
