Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427(1) -- Dishonour of cheque - Conviction - Concurrent running of sentences - Four cheques were issued on a demand raised by petitioner to his maternal uncle on two occasions and in one complaint cheques of both demands have been impugned - Thus, even as per respondent cheques issued..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Civil Procedure Code, 1908, Section 100 -- Concurrent finding of facts - Interference with - Tenant failed to pay amount of arrears of rent despite ejectment order - Courts below have recorded concurrent finding of facts as to non payment of arrears of rent - Held, such judgments containing valid reasons cannot..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - Execution of will and gift deed - Contention that there is no compliance with provisions of S.63 of the Indian Succession Act and S.68 of the Indian Evidence Act - Held, both the courts below have given concurrent finding on this fact - Contention cannot be accepted - No substantial..........
Civil Procedure Code, 1908, Section 100 -- Second Appeal - Concurrent finding of fact - Interference with - Held, against concurrent findings of fact, there may not be any interference in second appeal but in exceptional circumstances, High Court is not niggard and bereft of powers to interfere with perverse finding of facts emerged out of misreading of evidence and wrong..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Concurrent findings of Courts below on the basis of reliable evidence - No interference warranted...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding of fact - Not to be interfered - Both Courts below have recorded concurrent finding of fact that deed in question was a partition deed and it was duly registered - Held, it will not be possible for High Court to substitute its own view to the view taken by lower Courts and set aside concurrent..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Concurrent running of sentences - Power of High Court - Accused/petitioner convicted in 11 different cases filed u/s 138 for different periods - Held, High Court has power to direct sentences to run concurrently...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings - Oral partition - Through oral family settlement amongst defendant and his two brothers of north portion of disputed house fell in the share of "S", who sold the same to plaintiffs - Court below have recorded a finding that once the portion fell in the share of "S" that was purchased by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - No documentary evidence of possession and use and occupation of disputed land since last 30 years - Concurrent finding of fact - Injunction rightly refused by Courts below...........
Civil Procedure Code, 1908, Section 100 -- Finding of fact - Second appeal - Concurrent finding recorded by both courts below against plaintiff-appellant in detailed judgments - Interference therewith - Held, finding does not warrant interference in second appeal as it is not shown to be perverse or illegal nor it is based on misreading or mis-appreciation of evidence...........
