Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Order granting or refusing a temporary injunction U.O.39.Rr.1, 2 CPC is an appealable order U.O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Section 104(2), Order 43, Rule 1(r) -- Appeal - Not maintainable against an order in appeal filed U.O.43.R.1(r) CPC - Once an appellate Court has exercised jurisdiction U.O.43.R.1(r) CPC, does not provide a further appeal under the same rule...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Where facts required for a point of law have not been pleaded, a litigant should not be allowed to raise that question as a substantial question of law in second appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Mere appreciation of facts, documentary evidence and contents of documents cannot be held to be raising a substantial question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - A proper test for determining whether a question of law raised in the case is substantial would be or whether it directly and substantially affects the rights of parties and if so, whether it is either an open question in the sense that it is not finally settled by superior Courts or..........
Civil Procedure Code, 1908, Order 47, Rule 7(1) -- Review - Rejection of application - No appeal lies thereagainst...........
Civil Procedure Code, 1908, Order 47, Rule 7(1) -- Review - Dismissal of application - Party aggrieved by rejection of review petition has to challenge the decree or order, as the case may be, and not the order of rejection of the review petition - However, in case review petition is allowed and the suit or proceeding is placed for rehearing then O.47.R.7(1) permits party..........
Family Courts Act, 1984, Section 19(2), Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance proceedings u/s 125 Cr.P.C (S.144 BNSS) - Appeal - Condonation of delay in filing appeal - - Appeal is not maintainable against an order passed by Family Court in maintenance proceedings u/s..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - S.391 Cr.P.C. provides that an appellate Court may at its discretion take additional evidence if it considers such evidence necessary for just decision of case - However, power to take additional evidence should be exercised sparingly and only in cases where: (i) evidence sought to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Documents in question was within knowledge of petitioner at the time of adducing his evidence before trial Court - However, same was not produced at that stage - Proposed additional evidence appears to have no relevance..........
