Criminal Procedure Code, 1973, Section 401, 250 -- Order of Magistrate directing complainant to pay compensation to accused - Revision against - Held, revision itself not maintainable since statutory appeal is provided against an order awarding compensation u/s 250 of the Code...........
Civil Procedure Code, 1908, Section 96, Order 21, Rule 58(4) -- Sale of attached property - Objection as to - Held, Court dealing an objection or claim over property under attachment has two options left to it - Either it can reject such claim or objection at threshold as provided u/proviso to sub-r.(1) or determine such questions u/sub-r.(2) of R.58 - If Court declines to..........
Criminal Procedure Code, 1973, Section 386 -- Disposal of appeal - Duty of appellate Court - Held, it is duty of an appellate Court to look into the evidence adduced in case and arrive at an independent conclusion as to whether said evidence can be relied upon or not and even if it can be relied upon then whether prosecution can be said to have proved beyond reasonable..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) - - Dishonour of cheque - Non-appearance of complainant - Acquittal - Validity - Complainant was represented by his Advocate - Case was fixed for receipt of report of service of summons upon accused - It was neither fixed for appearance of accused nor for hearing - Held, case could..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Any vital omission or non consideration of evidence by the Court below has to be kept in mind to prevent substantial miscarriage of justice - High Court in appeal has the same powers as the trial Court to reappreciate the evidence and arrive at its own conclusion for cogent and plausible reasons...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact recorded by both Courts below as per statement of witnesses P.W. 1 and P.W. 2 is that they themselves had admitted the possession of defendant-respondent over disputed property - Both Courts below have come to the conclusion that plaintiff had failed to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent judgments of Court below - Appeal not pressed - Counsel for appellants-defendants submits that since possession of suit shop has been handed over to respondents-plaintiffs-landlord and he, therefore, does not want to press this second appeal on merits - Counsel for respondents-plaintiff also does not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Appellate Court failed to decide and record any findings why the decision of trial Court dismissing application U.O.9.R.13 CPC was bad - Question before Courts below in the proceedings U.O.9.R.13 CPC was to adjudge whether on a particular date of hearing absence of defendant or his counsel..........
Criminal Procedure Code, 1973, Section 302 -- Murder - Conviction - Proprietary - Entire evidence of eye-witnesses has not been accepted by High Court - High Court merely relied upon postmortem report to convict appellant for an offence u/s 302 of IPC - Postmortem report not in corroboration with evidence of eye-witnesses - Held, it cannot be treated as evidence sufficient..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Second appeal - Restoration application - Rejection by High Court - Challenge thereto - Held, in the facts and circumstances of the case restoration application ought to have been allowed by High Court - Impugned order passed by High Court set aside and Second Appeal is restored to its original number - In view of the fact..........
