Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Grant of leave to appeal - Law as to: (i) Ss.96, 100 CPC respectively provide for preferring an appeal from an original decree or decree in appeal respectively; (ii) said provisions do not enumerate categories of persons who can file an appeal; (iii) However, a stranger cannot be permitted to file an appeal in any..........
Court Fees Act, 1870, Section 16 -- Refund of Court fee - Out of Court settlement - Second appeal was decided in terms of settlement out of Court and not on merits - Settlement in terms of which second appeal was decided by High Court is not on reference to any of authorities/fora i.e arbitration, conciliation, judicial settlement including through Lok Adalat or mediation..........
Civil Procedure Code, 1908, Order 21, Rule 97, 102, 103 -- Execution - Objection by transferee pendente lite - Adjudication of objections raised by transferee pendente lite U.O.21.R.97 CPC itself is not maintainable - Accordingly, no appeal shall lie against the same, as it would not constitute a decree U.O.21.R.103 CPC...........
Hindu Marriage Act, 1955, Section 28 -- Divorce petition by husband - Appeal against dismissal of petition - Arrears of maintenance not paid by husband - Appeal dismissed for non-payment of arrears of maintenance...........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - Scope of interference by an appellate Court for reversing the judgment of acquittal recorded by trial Court in favour of accused has to be exercised within the four corners of following principles: (i) That judgment of acquittal suffers from patent perversity; (ii) That same is based on a..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Court exercising jurisdiction u/s 34 of the Act does not sit as a Court of appeal over decision of an arbitral tribunal - So long as the view of arbitrator is a plausible one though it may not be the only possible view, there should be no interference by Court u/s 34 of the Act...........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - When Court declined to interfere with the award u/s 34 of the Act, there was no justification at all for Division Bench of High Court to set aside award u/s 37 of the Act...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 366, 376DA, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Suspension of sentence during pendency of appeal against conviction - Kidnapping and rape - Applicant has undergone..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Once suit for permanent injunction was decreed, defendants had been restrained from interfering in the possession of plaintiffs, operation of judgment decree rightly not stayed - However, once first appeal was under consideration of Court, proper way to deal with the matter was to pass an order directing..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiffs are title holder of suit land - Vendors of defendant admitted possession of vendor of plaintiffs over suit land in complaint case - Defendants thus, cannot claimed that they are in possession of suit land - Concurrent findings of Courts below that plaintiffs being title..........
