Criminal Procedure Code, 1973, Section 133 -- Nuisance - Order passed by SDM in proceedings u/s 133 of the Code - Held, if the affected party has grievance qua the validity of the order passed u/s 133 of the Code, he may take recourse to the remedy available to him in the form of an appeal or revision - Aggrieved party cannot validly file a civil suit against the order..........
Criminal Procedure Code, 1973, Section 482, 362, Indian Penal Code, 1860, Section 68 -- Whether period for payment of amount of fine, ordered in judgment in an appeal, can be extended by High Court in view of S.482 Cr.P.C? - Held, period to deposit amount of fine cannot be extended by this court and petitioners can avail remedy of provisions of S.68 of IPC - Therefore, it..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Plaintiff non-suited in a suit for injunction when trial court found that he has made encroachment - Plaintiff sought to produce demarcation report in appeal - Demarcation report suffered from procedural infirmities - Report obtained to fill up lacuna - Report did not establish title..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Duty of first appellate court - Held, lower appellate court being court of appeal was bound to answer all the issues framed - In case any of the issues was not pressed in appeal, same should be recorded...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Identification of accused - Before test identification parade was conducted, witness (PW1) was taken to central jail where accused persons were shown to him - Held, that being so, there was really no purpose in holding test identification parade - High Court rightly disbelieved prosecution version and..........
Criminal Procedure Code, 1973, Section 378, 386 -- Acquittal - Appeal against - Trial court meticulously examined the entire evidence available on record and held that prosecution failed to prove its case and acquitted accused by giving benefit of doubt - High Court did not keep the well settled principles in mind and reversed the judgment of acquittal when the view taken..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Lies only against the decree - No appeal lies against the finding if the ultimate decree is in favour of the party - However, if the findings in the previous suit would constitute res judicata in subsequent proceedings then the person aggrieved by such findings may have a right of filing an appeal...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Setting aside - Principles governing - (i) The words 'sufficient cause for not making the application within the period of limitation' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case - The words..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5, Article 121 -- Death of two respondents during pendency of appeal - Delay of 2381 and 2601 days in bringing L.R's on record - Appellants were neighbours and co-sharers - Date of death was known to them - Held, ignorance of legal consequences not sufficient to condone such a huge delay...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Appeal - Abatement for not bringing on record L.R's of deceased respondent - Setting aside abatement - Condonation of delay - Different considerations arise for a suit and an appeal - Such an application should be considered liberally...........
