Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Suspension of sentence during pendency of appeal - Conviction of accused in a murder case based on dying declaration made before Investigation Officer - Sentence suspended during pendency of appeal...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Conditions to reverse the finding of acquittal are : (i) the presumption of innocence of the accused should be kept in mind; (ii) if two views of the matter are possible view favourable to the accused should be taken; (iii) the appellate court should take into account the fact that the trial judge had..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Non joinder of necessary party in a suit for partition is fatal - Such defect cannot be cured in appeal by filing an application to implead them as parties to appeal...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Appeal against conviction - Bail granted during pendency of appeal - Stay of 50% of compensation amount of Rs.1.50 lakhs ordered - Order modified - On deposit of 1/3 amount of compensation recovery of the remaining amount of compensation (Rs.1, 00, 000/-)..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of conviction during pendency of appeal - Both the accused public servants - One of them dismissed and other placed under suspension - Consequences of conviction already arisen - Suspension of conviction declined...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Trial Court rejected the prayer for ad interim injunction - Appellate Court granted ad interim injunction for an unlimited period which is not permissible in law - Impugned order modified to the extent that ad-interim order of injunction will remain valid till the next date of hearing of appeal and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Appeal - Direction to deposit 50% of compensation - Modification - Petitioner convicted and sentenced to simple imprisonment for a period of one year and also directed her to pay fine of Rs.5,000/- and compensation amounting Rs.1,50,000/- - Appeal thereagainst..........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Bail granted subject to payment of 50% amount of compensation - Compensation amount Rs.1.50 lakhs - Order modified - On deposit of Rs.50, 000/- within fifteen days the recovery of remaining amount will remain stayed till the disposal of appeal - Amount so deposited shall not be withdrawn by the..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Powers and duties of Appellate Court reiterated...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Powers of appellate Court - An appellate court has full power to review, re-appreciate and reconsider the evidence upon which the order of acquittal is founded - Appellate court on the evidence before it may reach its own conclusion, both on questions of fact and of law - An appellate court must bear..........
