Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit - Leave to defend - Conditional leave - Revision against - Maintainable - In case no revision is filed it is permissible for the defendant to raise the said contention in the appeal...........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit - Leave to defend - Conditional leave granted with a condition to deposit 50% of the amount of suit claim - If condition is not complied with then a judgment in favour of plaintiff can be passed - First appeal is maintainable against such a decree...........
Consumer Protection Act, 1986, Section 15 -- Appeal - Deposit of prescribed amount - The appellant had not deposited the prescribed amount - State Commission held justified in not entertaining the appeals...........
Succession Act, 1925, Section 214 -- Appellant took loan from the deceased - Legal heirs of deceased filed suit for recovery of loan money without obtaining succession certificate - Under Section 214 suit for recovery of debt of deceased person through court, the proof of representative title is a pre condition - This succession certificate is required at the time of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Case referred to Lok Adalat - Counsel ready in pre-lunch session but seeking adjournment on ground of sudden illness or physical ailment in the post-lunch session - Second appeal cannot be dismissed on the ground that his client was cantankerous and unreasonable before the Lok Adalat...........
Indian Penal Code, 1860, Section 302 -- Acquittal by trial Court - Conviction by High Court - Appeal against - No explanation as to why dying declaration cannot be recorded by a Judicial Officer - Doctor on the basis of whose certificate IO recorded dying declaration not examined - At the time of recording of dying declaration deceased was surrounded by her own relations -..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - An appellate Court has full power to review, reappreciate and reconsider the evidence upon which order of acquittal is founded - There is no restriction on appellate Court and it can reach its own conclusions both on questions of fact and of law - If two views are possible then High Court would not..........
Indian Penal Code, 1860, Section 148, 149, 452, 302 -- Seven accused entered the house of informant at night armed with country made pistols and licensed guns and caused death of deceased by firing shots at him - Trial Court convicted all of them - In appeal High Court found only appellant guilty of firing a shot at the deceased - Appeal against conviction - Held, that..........
Land Acquisition Act, 1894, Section 4, 6, Constitution of India, 1950, Article 226, 14 -- Land acquisition - Notification of acquisition quashed - Petitioner, whose land was also acquired and who had filed petition seeking enhancement of compensation, got the petition dismissed as infructuous after quashing of notification, but failed to deposit back the compensation in..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If two reasonable views are possible on the basis of the evidence on record and one favourable to the accused has been taken by the trial court, it ought not to be disturbed by the appellate court...........
