Mutation -- Grant of mutation on the basis of Will - Challenged on the basis of gift deed - In appeal order of mutation was set aside and mutation was ordered to be granted on the basis of gift deed - This order was set aside in Revision - Civil suit for cancellation of gift deed and injunction pending before Civil Court - Order passed in mutation proceedings will be..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law on which a second appeal shall be heard need not necessarily be a substantial question of law of general importance...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Cannot be decided on equitable grounds...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - In order to admit and maintain a Second Appeal, substantial question of law necessarily to be formulated by the High Court within the mandate of O.42.R.2 r/w S.100 CPC...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused has already undergone jail sentence of about 23 days out of 6 months - Incident took place in the year 2008 - Accused was on bail during trial, appeal and revision and he did not misuse the liberty - No purpose would be served sending accused to jail after such long..........
Civil Procedure Code, 1908, Section 100A -- Intra Court appeal - Against order of single Judge passed u/s 299 of Succession Act is not maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand - Entire evidence is on record - Lower Appellate Court should have framed an issue U.O.41.R.24 CPC and should have adjudicated the issue by itself - Remand of suit by lower Appellate Court is unwarranted - Lower appellate Court directed to dispose of the appeal as expeditiously as possible...........
Protection of Women From Domestic Violence Act, 2005, Section 29, 12 -- Appeal - Ex parte maintenance order - Husband has been appearing before Magistrate and had on its own volition stopped appearing and was proceeded ex parte - It cannot be said that he was not aware of proceedings - Explanation provided by husband for his non-appearance before Magistrate is unmerited -..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Death of party - Substitution of Lrs - Where a party dies in a pending suit/appeal and judgment/decree is passed in ignorance to such death, question of substitution of his/her legal heirs and setting aside the abatement, if any can only be considered by Court before whom suit/appeal was pending at that time...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and possession - Property was recorded in the name of two brothers and one brother sold his part of property to plaintiff - Defendants based on sale deeds executed by other brother to them dispossessed plaintiffs - Even, defendants are not certain as to which part of suit property was..........
