Limitation Act, 1963, Section 5 -- Condonation of delay in filing appeal - Land acquisition proceedings - Delay is not a reason to deny land losers their compensation which is just, fair and reasonable for the land they have lost, particularly when delay caused without fault of land losers - Delay condoned...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - When an appeal against conviction is preferred before High Court, at the earliest stage, High Court must examine whether there is a proper statement of accused recorded u/s 313 CrPC (S.351 of Bharatiya Nagarik Suraksha Sanhita) - If any defect is found, at that stage same can be cured either by High..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge as to - Once Court passes a compromise decree after satisfying itself that suit has been adjusted by a lawful compromise, decree cannot be challenged in an appeal as no appeal lies against a compromise decree...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Title suit - Concurrent findings of trial Court as well as first appellate Court that plaintiff had right, title and interest over suit property - Findings of fact sans any perversity cannot be interfered with in second appellate stage - Suit rightly decreed - Second appeal dismissed...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Kidnapping and sexual assault - Whether or not the finding regarding age of victim is correct or not, or manner in which was sought to be proved before Trial Court was in accordance with law or not, is a question that is open for consideration in jurisdiction u/s 374 Cr.P.C as..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Courts below after proper appreciation of oral and documentary evidence have concurrently held that plaintiffs have failed to establish location and encroachment over their land - Demarcation reports relied upon by plaintiffs merely refers to certain parts of Survey..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, recovery of possession, mesne profits and permanent injunction - Defendants had duly admitted title of plaintiff over suit land - Though defendant claimed that there was a gratification of land in his favour, but there is no evidence adduced in support thereof - Documents of title of plaintiff..........
Registration Act, 1908, Section 11 -- Conveyance of title - Validity of - The MOFA is a beneficial legislation enacted to protect home buyers, considering the ever-increasing housing shortage in urban areas - The Legislature has noted the increasing malpractices by the developers - The provisions of Section 11 are for the benefit of the flat purchasers - In writ..........
Arbitration and Conciliation Act, 1996, Section 34, Insolvency and Bankruptcy Code, 2016, Section 31(1), Civil Procedure Code, 1908, Section 47 -- Objection against execution - Maintainability - Once a resolution plan is duly approved by the adjudicating authority under sub-section (1) of Section 31, all claims which are not part of the resolution plan shall stand..........
Arbitration and Conciliation Act, 1996, Section 37 -- Jurisdiction - Issues are whether there was a breach committed by L&T as held by the Arbitral Tribunal, and the second question is whether, if the finding of breach committed by L&T is upheld, the finding of the Arbitral Tribunal regarding damages can be revived - what cannot be done in the exercise of the powers under..........
