Succession Act, 1925, Section 372, 388(2), 384 -- Succession certificate - Dismissal of application - Appeal against - Dismissal of application by Civil Judgment (Senior Division) invested with the power to exercise function of a District Judge, which is inferior Court, would lie to District Judge and not to the High Court...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Wrong framing of an issue and onus and burden placed on wrong shoulders - Evidence is led by parties which they wished to lead and matter was tried before Court of first instance with parties conscious of each other's case - All evidence is there on record sufficient to dispose of suit finally - In these..........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - Documents sought to be produced are relevant and essential not only for the purpose of disposal of appeal but also to adjudicate upon issues in controversy between parties - It was duly established that despite exercise of due diligence, said documents could not be produced by..........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Appeal - Non appearance of appellant - Appeal can be dismissed for non prosecution and not on merits...........
Civil Procedure Code, 1908, Section 96 -- Appeal - By a person not party to the suit - If a decree is obtained from a Court by concealing important facts it amounts to playing fraud with the Court - Said judgment and decree can be assailed at any stage by the person feeling aggrieved, by way of filing application seeking leave to file appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Encroachment - Plaintiff had come with a specific case that defendant had encroached upon his land - Repeated directions were issued to plaintiff and matter was adjourned to enable plaintiff to produce relevant record before Local Commissioner - When plaintiff failed to..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 19 -- Order passed by Family Court u/s 125 Cr.P.C - Not appealable to High Court u/s 19 of the Family Courts Act, as S.19(2) of the Act clearly denies right of appeal against any order that may be passed by Family Court under Chapter IX Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394(2) -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Application for impleadment of L.R's of deceased accused at the instance of complainant is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394(2) -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Sentence of imprisonment and sentence of compensation - On death of accused appeal abates - However, liberty lies with the L.R's of deceased accused to contest the appeal or not and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact that plaintiff was allotted the suit land vide sale certificate which was duly proved by PW3 - Failure of defendants to produce any sale certificate in their favour as set up by them in written statement besides even proving their possession over suit..........
