Civil Procedure Code, 1908, Section 100, Order 8, Rule 11 -- Second appeal - All applications, objections, petitions, first appeal filed by appellants against impugned order have been dismissed by all Court in the light of factual matrix - There is nothing on record to persuade Court to form any other opinion other than one recorded by two Courts below writing concurrent..........
Criminal Procedure Code, 1973, Section 190(1)(a), 200 -- Personal examination of complainant - Metropolitan Magistrate instead of personally examining the concerned officer of the complainant and reducing substance of his examination into writing chose to act upon affidavit tendered by him in evidence and thereafter passed impugned order summoning the petitioner - Legality..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non filing within time - Pronouncement of judgment - Written statement filed within time granted by Court - Defendant complied with the order of court for filing written statement - Order rejecting application for pronouncing judgment, upheld...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Matter referred to larger Bench to consider following questions : (1) Whether in the absence of any substantial question of law being stated in the memorandum of appeal, the same can be rejected or not? (2) Whether Section 100 CPC enjoins a duty upon the High Court to formulate a..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Implementation - Police help - For implementation of order for injunction, Court can grant police protection...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - At appellate stage - Defendant raised construction during pendency of suit - Relief of mandatory injunction sought - Earlier similar application was filed in trial Court which was dismissed and that order was not assailed independently - Application for amendment filed in the trial Court and application..........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Interference by appellate court in an order of acquittal - Principles governing are : 1. The appellate court may review the evidence in appeals against acquittal under Sections 378 and 386 of the Criminal Procedure Code, 1973 - Its power of reviewing evidence is wide and the appellate court can..........
Criminal Procedure Code, 1973, Section 378, 386, Constitution of India, 1950, Article 136 -- Appeal against order of acquittal passed by High Court - Interference by Supreme Court - Principles governing - (i) The High Court's decision is based on totally erroneous view of law by ignoring the settled legal position; (ii) The High Court's conclusions are contrary to evidence..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Parties to the lis are not entitled to produce additional evidence as a matter of course or routine unless they satisfy the test mentioned in O.41.R.27 CPC - Document sought to be produced on record did not satisfy the test laid down U.O.41.R.27 CPC for admitting additional evidence -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Trial - Petition for recall of witness - Dismissal of - Petitions challenging impugned order of dismissal were already dismissed by High Court - Held, question of recall of witness had been negated with finality - No interference is called for...........
