Civil Procedure Code, 1908, Section 100 -- Second appeal - Non registration of a document - It is a mixed question of fact and law - Must be pleaded and proved - The question of non registration of a document cannot be raised for the first time in second appeal...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 2 -- New plea - Raised for the first time in appeal - Held, new plea not pleaded in defence in trial Court cannot be entertained at appellate stage...........
Indian Penal Code, 1860, Section 302, 392, 201 -- Conviction by trial Court and acquittal by High Court - Conviction on basis of last seen theory - PW's who last seen deceased and accused together not reliable - No corroboration to their testimony - Order of High Court confirmed - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court has full power to review the evidence upon which the order of acquittal is founded - Appellate Court on the basis of evidence before it may reach its own conclusions both on questions of fact and of law - If findings of trial Court are palpably wrong, manifestly erroneous or..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Court can allow if it comes to an independent finding that it is necessary to pronounce judgment - Application to be considered at the time of final disposal of appeal as it is only at that stage that Appellate Court is in a better position to dwell on the plea which the applicant..........
Indian Penal Code, 1860, Section 302, 148, 149, Constitution of India, 1950, Article 136 -- Acquittal by High Court - Appeal against - Interested private party can file appeal in Supreme Court against order of acquittal passed by High Court when acquittal leads to a serious miscarriage of justice...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Question whether property in dispute is a Joint Hindu Family Property - Per se not a substantial question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - A substantial question of law should also be framed when Court in second appeal proceeds on the basis that judgment is based on no evidence or is otherwise perverse...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - A finding of fact may give rise to a substantial question of law when findings are based on no evidence and/or while arriving at the said finding, relevant admissible evidence have been taken into consideration or inadmissible evidences have been taken into consideration...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Complaint dismissed - Leave to file appeal dismissed by High Court - Reasons for refusing to grant leave not given - Held, that High Court should have reappreciated the entire evidence on record independently and returned its findings objectively, as regards..........
