Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - If a question of law does not affect merits of matter and its final outcome is merely a question of law, it is not a substantial question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second Appeal shall be heard on question formulated in appeal - At the stage of hearing of appeal it will be open for respondent to argue that question of law so formulated is not involved in the appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - If at the stage of final hearing of appeal, Court is of opinion that substantial question of law framed at the time of admission is not involved in appeal, or does not arise for consideration, it will be open for Court to hold so, however, a duty is cast on Court to record reasons for..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Condonation of delay - Delay of 1-1/2 years in filing application for restoration - However, delay in filing application is well explained even though application is not supported with an affidavit of law officer concerned - Moreover, property in question is worth crores..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Matrimonial dispute - Compromise - Quashing of FIR - Obnoxious allegations were levelled against petitioners in FIR - Allegations that petitioners without knowledge of victim clicked her pictures and videos and thereafter threatened to circulate the same unless she would agree for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Objections as to maintainability of suit are mixed questions of fact and law and same are to be considered only on the basis of pleadings and the evidence of parties and not at the threshold on the basis of plaint allegations alone...........
Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 3, 25, 27, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(33) -- Sessions Judge set aside the order of JJB declaring that respondent No. 2 was a juvenile delinquent on the date of the incident - Under the scheme of the JJ Act, 2015, a declaration of juvenility may not by itself..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Law of amendment in case of written statement is much liberal as compared to amendment of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint and return of plaint - A plaint cannot be both rejected and returned at the same time - These two actions have distinct purposes under law...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Appellate Court apart from recording its concurrence to findings recorded by trial Court has not assigned any reason in support of its conclusions - Being final Court of fact, it is duty of appellate Court to re-appreciate the evidence independent of findings recorded by trial Court and..........
