Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Two options available are viz. defendant can seek setting aside ex parte decree or can challenge ex parte decree by filing an appeal - When an appeal is filed challenging the decree on its merits or on any other ground and the same when dismissed on any ground other than its withdrawal then an application..........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- (As in P&H) - Impleading of L.R's - There is no limitation for bringing on record legal representatives of plaintiff/appellant in a suit or an appeal - Amendment made by Punjab & Haryana High Court vide notification dated 21.2.1992 does not stand repealed by the Amending Act of 2002...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Acquittal - Appeal against - Neither in the statement made by complainant nor in FIR, name of accused was mentioned as one of persons present at time and place of alleged occurrence - There is material to show that accused belongs to same village as complainant and was known to the family members of complainant -..........
Constitution of India, 1950, Article 32, 161, Criminal Procedure Code, 1973, Section 432 -- Accused Bangladesh national convicted and sentenced under Foreigner's Act for illegally entering India - Accused has a right of appeal to the High Court in the judicial side - Accused can also approach concerned executive authority u/s 432 of the Code or to the Governor under..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Admitted case of appellants that they have already dismantled certain constructions as per suggestions of Advocate Commissioner by this Court - Trial Court had also made spot inspection and Court itself found that defendant-appellants had raised certain construction for stair case and had..........
Criminal Procedure Code, 1973, Section 374 -- Conviction - Appeal - Held, an appeal u/s 374 of the Code is both on facts and law - High Court hearing appeal is last court of facts...........
Agreement to sell -- Suit for specific performance - Suit land was encumbered by way of attachment on an application filed by the appellants and their mother u/s 127 Cr.P.C. - There were no pleadings to the effect that the specific performance of the agreement to sell in question if granted shall cause any hardship to them which could not be foreseen earlier - It is not in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21C, 29, 25, 37A, Criminal Procedure Code, 1973, Section 374, 386 -- Recovery of 53 Kg. heroin - Conviction - Bail during pendency of appeal - While considering prayer for bail in an appeal against conviction of a person under NDPS Act where the quantity of recovered contraband is commercial quantity, Court has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21C, 29, 25, 37A, Criminal Procedure Code, 1973, Section 374, 386 -- Recovery of 53 Kg. heroin - Conviction - Bail during pendency of appeal - Accused cannot be enlarged on bail on account of their being in jail for last more than six years and there is no likelihood of appeal being heard in near future...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21C, 29, 25, 37A, Criminal Procedure Code, 1973, Section 374, 386 -- Recovery of 53 Kg. heroin - Conviction - Bail during pendency of appeal - No reasonable ground for believing that accused are not guilty of the offences for which they are convicted - Bail declined...........
