Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for specific performance - Whether registered agreement to sell was executed between parties as pleaded in plaint and whether plaintiff had been ready and willing to perform his part of agreement - These are questions of fact and not of law - Such questions of fact can be decided..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 9 -- Second appeal - Death of both plaintiffs and defendants - Abatement of second appeal - Substitution of LR's - Second appeal abated within knowledge of parties, but they did not care to get its abatement set aside deliberately for long time - Appeal abated in the year 1994 and substitution application along with delay..........
Civil Procedure Code, 1908, Section 24(5), 151 -- Transfer or withdrawal of suit or appeal - Instead of waiting for the process of returning the plaint or appeal for representing it before the appropriate court, the superior court can withdraw or transfer such suits or proceedings - This power to transfer includes the power to transfer appeals as well...........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Dying declaration - Evidence of PW7, who recorded the statement of deceased is trustworthy and accepted by Courts below, as deceased was found to be mentally fit to give his statement regarding occurrence - Dying declaration, held, reliable - Conviction of accused is not only based on dying declaration but on the u,..........
Civil Procedure Code, 1908, Section 96, Order 1, Rule 10 -- Appeal by co-owner for eviction on ground of bona fide requirement - Other non willing co-owners impleaded as proforma defendants in suit not impleaded as party in appeal - Held, co-owners are necessary party - Appeal is not maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Following conditions are necessary for court to exercise power under the provision : (i) Appellate court must be in seizin of decree passed by trial court on a preliminary point; (ii) decree should be reversed by appellate court in appeal; iii) if so, the appellate court, if it thinks fit, may remand the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 765 days in filing appeal - Husband filed application for modification of award of maintenance order and same was allowed - Wife did not take any steps for preferring appeal for long one year - No explanation whatsoever given by wife for such delay - Wife failed to furnish sufficient cause - Application..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Out of substantive sentence of 1 year and 6 months accused undergone 1 year and more than 2 months - Accused not involved in any other case - Sentence suspended...........
Criminal Procedure Code, 1973, Section 452 -- Disposal of seized property - DVR containing entire occurrence of case - Court directed DGP to depute an Officer of rank of Superintendent of Police from the Police Training College to collect DVR (MO2) from trial Court and preserve the same in an anti-static cover in the concerned Police Museum - However, if any appeal is..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16 -- Appeal - Lies only at the instance of senior citizen, if aggrieved against the order passed by Tribunal - Appeal preferred by son and daughter in law of senior citizens is not maintainable under the provisions of the act...........
