Criminal Procedure Code, 1973, Section 372, 2(wa) - - Victim or a complainant in a complaint case - Right of appeal against (i) an order acquitting the accused; (ii) convicting the accused of a lesser offence and (iii) imposing inadequate compensation - Law as to - Summed up - (a) The expression "victim" as defined in S.2(wa) includes all categories of his/her legal heirs..........
Criminal Procedure Code, 1973, Section 374 -- Conviction by trial Court - Appeal in High Court - High Court, as a first Court of appeal, on facts must apply its independent mind and record its own findings on the basis of its own assessment of evidence - Mere reproduction of the assessment of trial Court may not be sufficient and in the absence of independent assessment by..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Held, regular second appeal is permissible only when a substantial question of law is involved...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 385, 386, 384 -- Conviction - Appeal against - Counsel not present at the time of hearing of appeal - It is not obligatory on the part of the Appellate Court in all circumstances to engage amicus curiae in a criminal appeal to argue on behalf of the accused failing which..........
Criminal Procedure Code, 1973, Section 385, 386, 384 -- Appeal against conviction - Absence of counsel for appellant - (i) that the High Court cannot dismiss an appeal for no, prosecution simpliciter without examining the merits; (ii) Court is not bound to adjourn the matter if both the appellant or his counsel/lawyer are absent; (iii) Court may, as a matter of prudence or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Acquittal - Appeal against acquittal could be brought in only by way of filing application for special leave to appeal in High Court u/s 378 Cr.P.C and not in Sessions Court - Judgment of acquittal in a complainant case can only be assailed by way of filing..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Costs - In determining cost Court has to keep in view the amendment which was sought, the financial benefit, if any, derived by one party at the cost of the other, the delay and inconvenience caused by protraction of hearing and in the event of an appeal to the higher Courts that the victim of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 - - Dishonour of cheque - Acquittal - Appeal by Complainant to High Court - Held, propriety requires that appellant/complainant should have gone to Sessions Court first and only if thereafter, if aggrieved, he should have approached High Court - Appeal returned for presentation before..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324 -- Compounding of offence - Appellants convicted and sentenced to undergo simple imprisonment for a period of two years alongwith fine u/s.324 IPC - Affidavit filed at time of hearing of appeal that parties to lis have compounded offence - Held, in view of understanding between parties,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 4, Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 226 -- Temporary injunction - Alternative remedy of appeal - Availability - Held, an order of injunction, whether interim or final, is an order falling within R.1 or 2 of O.39 CPC and is appealable U.O.43.R.1(r) CPC - Mere quoting wrong..........
