Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court is not required to rewrite judgment or to give fresh reasonings in acquittal appeals, when reasons assigned by Court below are found to be just and proper...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiff being husband of deceased is heir of deceased - Nikahanama in proof of marriage between plaintiff and deceased was available on record - PW2, who is witness of said marriage stated that amount of Mehar is also settled - Therefore, in absence of any contrary evidence, First..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Sentence - (i) It is compensatory aspect of remedy which should be given priority over punitive aspect; (ii) It is appropriate if sentence of imprisonment imposed is kept at the minimum unless, of course, conduct of accused demands otherwise; (iii) Sentence of fine must be sufficient enough to..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - To explain the contents of judgment - Not known to law - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - A reply statement or a subsequent pleading can be introduced only to place on record a new fact or explanation to certain pleadings in the written statement or in the plaint which had already been filed - Reply statement to explain contents of judgment is not known to law - Dismissal of application calls for no..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Direction issued to all Family Courts within jurisdiction of Rajasthan High Court to settle the disputes u/s 13-B of the Act expeditiously in the light of Apex Court's Judgment in Amardeep Singh V Harveen Kaur...........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - Jurisdiction of High Court u/s 37 of the Act is distinct from jurisdiction in a first appeal arising out of a decree in a civil suit - High Court committed error in reversing judgment of District Judge in decreeing claim in its entirety - Award of arbitrator was challenged unsuccessfully by..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(iii)(a)(i) -- Eviction petition - Bonafide requirement - Dismissal of eviction petition by Rent Controller and eviction order passed by Appellate Court - Appellate Authority has failed to analyze reasons given by Rent Controller while dismissing petition - Appellate Authority while deciding appeal is..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 15 days in filing appeal - Decree under Hindu Marriage Act - Appeal filed on 4.8.2021, though judgment challenged under appeal was delivered on 23.11.2019 - Excluding period of limitation prescribed under Hindu Marriage Act and period taken for getting certified copy of judgment and also excluding period as..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Scope - Provision of O.41.R.5 CPC provides for only stay of proceedings under a decree or stay of execution of decree - Provision does not empower appellate Court to stay operation of judgment...........
