Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(AB) -- Suspension of sentence during pendency of appeal - Applicant has already undergone custody of 1 year, 2 months and 8 days - Appeal is not likely to be heard in near future - Sentence suspended during pendency of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for permanent injunction - Suit land is joint and had not been partitioned - Tubewell installed would hence also be used as a joint source of irrigation - Plaintiff who was a co-sharer, would also have a right to use electricity connection - Contention of defendant that since tubewell was installed..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 -- Condonation of delay - Delay of 2868 days in filing second appeal - No satisfactory or reasonable explanation constituting sufficient cause given for condoning inordinate delay - Only plea taken by applicant is that he was requesting his brother for amicable settlement - However, when litigation..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for joint possession and permanent injunction - Plaintiffs have not been able to prove that suit properties were ancestral property - No documentary evidence has been pointed out to show that suit properties were coming through four male lineal descendants - Plaintiff has not been able to show how khasra..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC allowed prior to deciding the main appeal - Order allowing application set aside on this short ground - First Appellate Court directed to consider the application U.O.41.R.27 CPC r/w S.151 CPC for additional evidence afresh along with main..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC deals with two identical suits - Though appeal is a continuation of suit, however, S.10 CPC cannot stretch to mean that even if an appeal is pending, a subsequent suit cannot be filed...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Law as to: (i) A judgment is open to review inter alia if there is a mistake or an error apparent on face of record; (ii) A judgment pronounced by Court is final, and departure from that principle is justified only when circumstances of a substantial and compelling character make it necessary to do so; (iii) An error..........
Limitation Act, 1963, Article 136 -- Decree - Execution - Appeal filed against judgment and decree - There was no stay during pendency of appeal - Appeal dismissed in default - Lower Court decree continues to be enforceable - Limitation for filing execution of decree is 12 years - Time from which period begins to run is when decree or order becomes enforceable - Execution..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 43 years in filing appeal - Delay of 43 years is ex facie unpardonable in view of explanation given as lack of education - Application dismissed...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 -- Condonation of delay - Delay of 225 days in filing second appeal - Appellant had sufficiently explained the reasons leading to a delay of 225 days in preferring second appeal - Once appellant became aware about dismissal of her first appeal, she exhibited haste and preferred second appeal - Delay..........
