Civil Procedure Code, 1908, Section 100, Evidence Act, 1872, Section 50 -- Second appeal - Perverse findings - Interference with - Appellants produced direct evidences regarding parentage of "H" - Neighbors were examined whose evidence were admissible u/s 50 of the Evidence Act - Same were discarded by lower appellate Court on one ground or the other which are entirely..........
Constitution of India, 1950, Article 136 -- Special leave petition - Maintainability - Appellant withdrew Special Leave to Appeal against order of High Court with permission to pursue his remedy by way of review - He had not taken the liberty to challenge said order afresh by way of special leave in case he did not get relief in review application - Held, he is precluded..........
Criminal Procedure Code, 1973, Section 313(1)(b) -- Examination of accused - Non-compliance of S.313 - Effect - Only evidence against accused persons is confession made by them - Same has not been put to accused persons to explain if the same was voluntary made by them - Held, prosecution failed to comply with the mandatory provision of S.313 Cr.P.C. - Acquittal proper -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Execution proceedings - Objections - Contention of appellant/tenants that ejectment order cannot be executed against them as they were not parties to ejectment order - Further, objections filed by them were dismissed summarily by Courts below without granting opportunity of leading evidence to..........
Criminal Procedure Code, 1973, Section 401, 250 -- Order of Magistrate directing complainant to pay compensation to accused - Revision against - Held, revision itself not maintainable since statutory appeal is provided against an order awarding compensation u/s 250 of the Code...........
Civil Procedure Code, 1908, Section 96, Order 21, Rule 58(4) -- Sale of attached property - Objection as to - Held, Court dealing an objection or claim over property under attachment has two options left to it - Either it can reject such claim or objection at threshold as provided u/proviso to sub-r.(1) or determine such questions u/sub-r.(2) of R.58 - If Court declines to..........
Criminal Procedure Code, 1973, Section 386 -- Disposal of appeal - Duty of appellate Court - Held, it is duty of an appellate Court to look into the evidence adduced in case and arrive at an independent conclusion as to whether said evidence can be relied upon or not and even if it can be relied upon then whether prosecution can be said to have proved beyond reasonable..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) - - Dishonour of cheque - Non-appearance of complainant - Acquittal - Validity - Complainant was represented by his Advocate - Case was fixed for receipt of report of service of summons upon accused - It was neither fixed for appearance of accused nor for hearing - Held, case could..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Any vital omission or non consideration of evidence by the Court below has to be kept in mind to prevent substantial miscarriage of justice - High Court in appeal has the same powers as the trial Court to reappreciate the evidence and arrive at its own conclusion for cogent and plausible reasons...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact recorded by both Courts below as per statement of witnesses P.W. 1 and P.W. 2 is that they themselves had admitted the possession of defendant-respondent over disputed property - Both Courts below have come to the conclusion that plaintiff had failed to..........
