Civil Procedure Code, 1908, Section 100 -- Concurrent findings of fact - Scope for interference very limited - Where trial Court and/or First Appellate Court misdirected themselves in appreciating question of law and placed onus on wrong party - Can be interfered with under Section 100 after formulating a substantial question of law...........
Civil Procedure Code, 1908, Section 100 -- If judgments of trial Court and First Appellate Court based on misinterpretation of documentary evidence or consideration of inadmissible evidence or ignoring material evidence or on a finding of fact has ignored admissions or concession made by witnesses or parties - High Court can interfere in appeal under Section 100 - Yadarao..........
Criminal Procedure Code, 1973, Section 156(2), 200 -- Scope of application under Section 156(3) Cr.P.C. and that of complaint are different...........
Criminal Procedure Code, 1973, Section 482, 353, 362 -- Multiple sentences - Obligatory on the part of Court to specify as to whether sentences should run concurrent or consecutive - Conviction in eleven cases and accused in each case sentenced to one year imprisonment and fine of Rs.1,000/- imposed - All sentences ordered to run concurrently inspite of a bar to alter the..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Tribunals - Established under the Motor Vehicles Act, the Karnataka Private Educational (Discipline and Control) Act, 1975 and Railway Claims Tribunal Act are not courts subordinate to High Court for purpose of Section 115 of the Code...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(1)(b) -- Original order of surplus passed in 1961 and against allotment appeal and revision finally decided by Financial Commissioner - Recourse to Civil Court litigation - Cannot come to rescue of landowner to recover surplus land - Jurisdiction of Civil Court - Stands barred - Civil Procedure Code, Section 9...........
Civil Procedure Code, 1908, Section 115(1) -- Proviso as inserted by Amendment Act 46 of 1999 w.e.f. 1.7.2002 - Interlocutory orders passed by Courts subordinate to High Court against which remedy of revision excluded by CPC Amendment Act 46 of 1999 - Open to challenge in- and continue to be subject to certiorari and supervisory jurisdiction of High Court - Amendment by..........
Civil Procedure Code, 1908, Order 7, Rule 10, 10 -- A and Section 9 - Civil Court if finds that it has no jurisdiction to entertain and try the suit - Plaint has to be returned for presentation before a proper Court - Dismissal of suit - Illegal...........
Civil Procedure Code, 1908, Section 34 -- Awarding of interest pendente lite and post - decree (future) interest - Discretion of Court to award interest at lower rate or might even decline interest - Court's discretion has to be exercised fairly, judiciously and for reasons and not in arbitrary manner - Once suit filed in Court - Relationship of parties ceases to be..........
Civil Procedure Code, 1908, Section 34 -- Interest Act, 1978, Section 2(b) - Interest - Awarding of or declining of interest pendente lite and post-decree interest - Court's discretion has to be used fairy judiciously and for reasons and not in arbitrary manner - Judgment and decree passed by the Court's below shows no reasons declining interest - The plaintiff held..........
