Constitution of India, 1950, Article 226 -- Writ appeal - Locus standi - Person aggrieved having locus standi to prefer an appeal would be one who is directly affected or impacted by a judgment, order or decision even though same does not directly require him to do something or one who being a party to a suit, is adversely affected by decree - To file an appeal such a..........
Constitution of India, 1950, Article 226 -- Writ appeal - Conditions that need to be satisfied before a person is entitled to maintain an appeal are: (i) that appealing party has been a party in proceedings from which appeal has arisen; (ii) that definitive and conclusive ruling of High Court on rights of parties in dispute is the subject of appeal; and (iii) that he is a..........
Agreement to sell -- Suit for specific performance - Vendor is a necessary party in a suit for specific performance of an agreement for sale, notwithstanding that he has transferred his interest in property to a third party - A suit or an appeal emanating from such a suit would abate if upon death of vendor, his legal heirs/LRs are not substituted...........
Agreement to sell -- Suit for specific performance - Transferee lis pendens - Not a necessary party - However, a transferee lis pendens may pursue appeal against a decree of specific performance against vendor, as a legal representative/inter-meddler of estate of vendor - But, having regard to nature of decree that is required to be passed in a suit for specific..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of appeal - Appeal does not automatically abate due to non-substitution of LRs of deceased party if estate of deceased is sufficiently represented on record...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Condition to deposit compensation amount u/s 148 of the Act as a condition for appeal is generally mandatory emphasizing its status as a rule...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 425 -- (Criminal Procedure Code, 1973, S.384) - Appeal against conviction - Dismissed in default - Appeal cannot be dismissed in default on account of absence of counsel for accused and same can be decided only on merits...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- (Criminal Procedure Code, 1973, S.389) - Suspension of sentence during pendency of appeal against conviction - Directing accused to be present before Appellate Court or revisional Court would not be warranted after an order for suspension of sentence has been passed and bail granted...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Functional disability - Appellant had produced a certificate wherein disability was assessed at 60% by doctor who was examined as PW2 - Only skin grafting was fixed at 50% by Tribunal - High Court without any appeal by Insurance Company reduced disability to 40% which was improper - Disability of 50% as..........
Punjab Courts Act, 1918, Section 41 -- Second appeal - In States of Punjab and Haryana, second appeals preferred are to be treated as appeals u/s 41 of the Act and not u/s 100 CPC...........
