Criminal Procedure Code, 1973, Section 374, Constitution of India, 1950, Article 14 -- Criminal appeal - Special statute - Constitutional validity - Challenge to - Held, in a criminal appeal constitutional validity of provisions of special statute cannot be gone into...........
Civil Procedure Code, 1908, Section 96(3), Order 23, Rule 3 -- Compromise decree - Appeal against consent decree is barred u/s 96(3) CPC...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Permission sought to place on record certain documents - Held, without making out a case for additional evidence there is no provision under law by which the documents can be placed on record in second appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Whether judgment and decree passed by learned lower appellate Court without deciding an application moved U.O.41.R.27 of CPC is sustainable in law? - Held, No - Judgment and decree passed by learned lower appellate court cannot be sustained - Adjudication of application moved U.O.41.R.27 CPC is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment at appellate stage - Fact within knowledge at the stage of pendency of suit in the trial Court - Cannot be introduced by way of amendment during pendency of appeal...........
Civil Procedure Code, 1908, Order 17, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 13 -- Court proceeded U.O.17.R.2 CPC - In fact Court proceeds ex parte under O.9 CPC - Defendant gets a right to either file an application U.O.9.R.13 CPC or to file a regular first appeal - Held, application filed U.O.9.R.13 CPC is maintainable...........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7 -- Suspension of conviction and sentence - Conviction u/s 13(1)(d) r/w S.13(2) and S.7 of Prevention of Corruption Act - Where there is an order of conviction, though the power to suspend such order of the conviction is not alien to Section 389 of the Code, its..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment sought at appellate stage - Appeal cannot be decided without deciding the interlocutory application for amendment of written statement...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 409,420,471,465,477, 120B, Prevention of Corruption Act, 1988, Section 13(2),13(1)(c),13(1)(c) -- Bail during pendency of appeal - Accused has undergone nearly two years of sentence out of four years as awarded by trial court - High court rejected prayer of suspension of sentence and grant of bail..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Serious illness of elder brother who died on the following day when the appeal was fixed for hearing - Also wife of appellant met with an accident due to which he was busy in attending her for almost one and half months - Held, explanation for non appearance and delay, the..........
