Wealth Tax Act, 1957, Section 27A, Civil Procedure Code, 1908, Section 100 -- Delay in assessment - High Court set aside order of Appellate Tribunal and restored the order of assessment passed by the Assessing officer for levying penalty for delay in Assessment - Appeal filed u/s.27-A of the Act has to be decided like a second appeal u/s 100 CPC - High Court did not make..........
Criminal Procedure Code, 1973, Section 147 -- Proceedings u/s 147 Cr.P.C. - Subsequent thereto civil suit filed - Order of status quo passed by Civil Court - SDM passed order of removal of obstruction after passing of status quo order by Civil Court - Civil Court has ample jurisdiction to issue ad interim mandatory injunction for removal of unauthorized..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Stage of consideration - Even if an application for additional evidence is filed during pendency of appeal, it has to be heard at time of final hearing of appeal i.e at the stage when it is possible for Court to reach to a conclusion after appreciating evidence already on record that..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 29, Criminal Procedure Code, 1973, Section 482 -- Enhancement of maintenance - Reduction of maintenance by appellate Court - Petition u/s.482 Cr.P.C. still pending - When proceedings are still pending before the High Court, where same order passed by the appellate Court is challenged, Court should not have..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Election petition - As per averments Returned candidate (RC) does not have requisite minimum educational qualification of class VIII to contest election for post of Sarpanch - Mark sheet relied upon by RC is evidently forged and fabricated - Moreover, it does not indicate period during which RC studied..........
Criminal Procedure Code, 1973, Section 157, 173(5), 311 -- Summoning of witness - For proving purchase receipt - There is failure of investigating agency to ascertain IMEI number of seized mobile phone during investigation and even, Court failed to ascertain such number prior to handing over custody of seized phone to PW1 - Said failure is not mere irregularity of..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Court can recall a witness in order to clarify any issue or doubt either suo moto or at request of any party - There is no specific provision in CPC however, enabling parties to reopen evidence for purpose of further examination-in-chief or cross-examination...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Court while hearing an acquittal appeal can re-appreciate evidence, however, it should not interfere with order of acquittal, if view taken by trial Court is also a reasonable view of evidence on record and findings recorded by trial Court are not manifestly erroneous...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d) -- Rejection of plaint - Barred by principles of res judicata - Question involving mixed question of fact and law, which require not only examination of plaint but also other evidence and order passed in earlier suit may be taken as preliminary issue or at final hearing - But said question cannot be determined at..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Summoning of accused - Cruelty - Dowry death - Evidence produced does not show involvement of accused in offences - Impugned order, summoning appellant, set aside...........
