Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 -- Condonation of delay - Delay in filing second appeal - First Appellate Court decreed suit after reversing decree of trial Court - Filing of review petition before First Appellate Court was with a delay of two years and four months and second Appeal before High Court was delayed by about a year from..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Old age of accused and long lapse of time from the commission of offence can always be a ground available to give some priority to appeals against conviction of accused on bail...........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Where accused are on bail and especially where a life sentence has been imposed are heard after a decade or more from its filing and if appeal is dismissed, it is desirable that such appeals should be given priority...........
Family Courts Act, 1984, Section 19 -- Appeal - Interlocutory order - No appeal filed u/s 19 of the Act against an interlocutory order can be filed - In view of that petition under Article 227 of Constitution is maintainable...........
Family Courts Act, 1984, Section 19 -- Appeal - Not maintainable against an order passed u/s 24 of Hindu Marriage Act, as said order is interlocutory in nature, as right to claim maintenance is still alive and by way of interim arrangement only said order has been passed - However, petition u/a 227 of Constitution is maintainable against such an order...........
Family Courts Act, 1984, Section 19 -- Appeal - Maintainability - If any order passed by Family Court decides any question between the parties which directly affects the decision in the main case or which finally decides any collateral issue in perpetuity, it would be a judgment or order which is appealable - But if an order, though deciding an issue between the parties..........
Indian Penal Code, 1860, Section 376 -- Rape - Finding of injury on the genital organ of the accused being possible only due to forceful intercourse with a minor female, leads to a circumstance pointing to the accused having committed the offense against `V' - Appeal allowed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 16 -- Appeal - Remedy of appeal is not only available to senior citizens and parents but also to children and relatives...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit land is joint and defendant was trying to usurp best portion of same without getting it partitioned as per plaintiff - However, defendant has raised a specific plea that suit land stood partitioned and partition had been implemented - Appeal filed against order of partition was dismissed in..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 700 days in filing appeal - Grounds taken in application for condonation of delay, do not inspire confidence - There has been a casual, cavalier and lackadaisical approach on the part of appellants all along inasmuch as, it has taken State almost ten months to take a decision for filing of appeal and..........
