Juvenile Justice (Care and Protection of Children) Act, 2015, Section 101(2), 15 -- Appeal - Order passed u/s 15 of the Act - Appeal can be filed within a period of 30 days - However, appellate Court can entertain the appeal after the expiry of said period, provided sufficient cause is shown...........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - All the accused in connivance with each other have cheated the bank by submitting cheques of accounts in which there was no balance or without any submission thereof and entries by bank officers in the books of account showing them to be pending for clearing and giving credit to account holder/accused - Accused..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession - S.144 CPC is applicable with regard to dispossession pending suit or when decree is varied or reversed in appeal - Post decree possession in a decree for permanent injunction have to be redressed in an enquiry U.O.21.R.32 CPC - Since the violation alleged is continuing one, there is no time limit for an..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - When Courts below exercised discretion against plaintiffs refusing to pass decree, then same cannot be interfered in the limited scope of second appeal u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Finding of possession recorded by Courts below is binding in second appeal - Second appeal dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139, 118A -- Dishonour of cheque - Appeal against acquittal - Cheque in question was not issued in the name of complainant - Complainant has failed to establish the ingredients of S.138 of the Act by discharging his initial burden to prove the existence of legally recoverable debt or liability - Provisions of Ss.118-A, 139 of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff is in occupation of property and Panchayat had indeed granted permission to plaintiff for construction of house - Trial Court and First appellate Court have found plaintiff as owner and occupier of suit property - Since plaintiff was owner of property, which is the only..........
Hindu Marriage Act, 1955, Section 28, 13 -- Appeal - Divorce petition - Death of husband during pendency of appeal - Appeal would not abate, as there would be a direct legal consequences affecting status of parties as well as proprietary rights of either of them which would flow from decree of Family Court...........
