Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal by an indigent person - Prayer to file appeal as an indigent person rejected - Impugned order set aside as appellant not yet received the money under Motor Accident Claims petition - Secondly an enquiry was necessitated since nothing on record speaks of claimant having filed the claim petition as an indigent person -..........
Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal by an indigent person - Prayer to file appeal as an indigent person rejected - Impugned order set aside as appellant not yet received the money under Motor Accident Claims petition - Secondly an enquiry was necessitated since nothing on record speaks of claimant having filed the claim petition as an indigent person -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Parties are barred from producing additional evidence at writ appeal stage, whether oral or documentary except under circumstances postulated in O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Writ appeal - When a party produces documents in a writ appeal, O.41.R.27 CPC would come into play...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Parties are barred from producing additional evidence at writ appeal stage, whether oral or documentary except under circumstances postulated in O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Writ appeal - When a party produces documents in a writ appeal, O.41.R.27 CPC would come into play...........
Civil Procedure Code, 1908, Section 96 -- First appeal - First Appellate Court is required to address all the issues and determine the appeal upon assignment of cogent reasons - Therefore, it would be wholly improper to allow first appeal without adverting to the specific findings of trial Court...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Murder - Deceased stated in her dying declaration that she herself poured kerosene and match stick was allegedly lit by accused - It would be debatable as to whether deceased who had sustained 98% injuries would..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross appeal - Decree for permanent alimony - Wife filed execution petition against decree for permanent alimony instead of filing appeal - After obtaining execution, wife cannot prosecute a grievance simply because husband had preferred appeal - Where wife had exercised her choice of remedy to be enforcement of direction..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Rejection of application - Appeal - Maintainability - Appeal was filed on 28.06.2023 and order for issuance or proclamation u/s 82 Cr.P.C. was passed on 11.08.2023 - In between, there was no interim order restraining coercive measure against the accused by Court - Appeal against order of rejection of..........
