Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 16 -- Appeal - There is no remedy of appeal for children in a petition filed by senior citizen before maintenance Tribunal - Only remedy available to them is to file a writ petition u/arts 226, 227 of Constitution provided there are valid grounds to sustain such a challenge...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Questions sought to be raised in second appeal essentially relate to re-appreciation of evidence and challenge to concurrent findings of fact - Such questions do not give rise to any substantial question of law within the meaning of S.100 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment allowed subject to cost - Cost accepted - Party cannot thereafter approach Court on another day and state that he is not inclined to receive the costs and seek permission to file an appeal against the order...........
Criminal Procedure Code, 1973, Section 378(1), (2), (4) -- Appeal against acquittal - Leave to appeal - Standards for grant of `special leave' in a case covered by S.378(4) Cr.P.C. are much higher than `leave' contemplated in cases covered by Ss.378(1), 378(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Special leave to appeal - Special leave contemplates a strong prima facie case that judgment of acquittal requires a relook...........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Special leave to appeal - Requirement of special leave acts as a statutory filter, ensuring that only those acquittals which reveal gross miscarriage of justice, illegality or perversity are liable to be reopened, thereby making S.378(4) Cr.P.C. exceptional - Right to appeal, is therefore,..........
Criminal Procedure Code, 1973, Section 378(4), Indian Penal Code, 1860, Section 500 -- Appeal against acquittal - Special leave to appeal - Offence u/s 500 IPC - Leave sought only against printer and publisher - Duty of a publisher includes ensuring that information pertains to a factual occurrence, which stems from a credible source - Criminal liability cannot be imputed..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Re-hearing of appeal - Ex parte decree passed in second appeal - No document to show that applicants were aware about listing of case - Even Court had not issued any SPC to respondents in view of absence of their counsel - Applicants have shown sufficient cause that prevented them from appearing before Court in second appeal..........
Constitution of India, 1950, Article 226 -- Letters patent appeal - Letters patent appeal as permitted under Letters Patent is normally an intra-court appeal whereunder Letters Patent Bench, sitting as a "Court of Correction", corrects its own orders in exercise of same jurisdiction as was vested in Single Bench...........
Constitution of India, 1950, Article 226 -- Writ appeal - Locus standi - Anyone who may file a writ petition would have locus standi to file a writ appeal albeit with some caveats...........
