Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - When triable issues are involved, the appeal should not be summarily dismissed or disposed of...........
Service -- Disciplinary proceedings - Reasoned order - Appellate/revisional authority need not give detailed reasons for confirming an order passed by the lower forum - Brief reasons must be given while affirming the order of lower forum as delinquent officer is entitled to know the mind of authority in dismissing his appeal/revision...........
Consumer Protection Act, 1986, Section 19 -- Appeal - Condonation of delay - Ground that the applicant not able to maintain the business and was not in a position to raise the fund to deposit Rs.50,000 per case before the Commission - Delay of 293 days - The appellant engaged in transactions amounting to crore of rupees - The application for condonation of delay held not..........
Consumer Protection Act, 1986, Section 19 -- Appeal - Admission - Retraction of admission - Held that it is difficult for any Forum to dispose of a case if the Counsel in higher Forum bases the case almost entirely on an unexplained retraction of the explicit submissions made by his/her counterpart, under instruction of the client concerned, in the lower Forum...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court disposing of appeal without considering all aspects and evidence - Not proper - Impugned judgment set aside - Matter remitted back for consideration in accordance with law...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 22, 23 -- Execution - Order to proceed with attachment - Order can only be passed when either objection are not filed or objections are decided - When Court orders attachment then stage to file objections comes to an end - Once the Court decides to proceed with attachment then objections to execution cannot be filed..........
Civil Procedure Code, 1908, Order 21, Rule 22, 23, Civil Procedure Code, 1908, Order 43 -- Execution - Objections - Can only be filed before the Court orders to proceed with attachment of property - If thereafter objections are to be filed that can only be when order to proceed with attachment is set aside in an appeal - Though orders made U.O.21 CPC are not appealable as..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Remand of appeal on amendment of plaint during pendency of first appeal - Not a ground for remand - For remand of case appellate Court should come to a conclusion that lower court has omitted to frame issues and/or has failed to determine any question of fact which is essential for the right decision of the suit on..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Parties are at liberty to argue the whole appeal after the findings are received from the court of first instance...........
Motor Vehicles Act, 1988, Section 173 -- Accident - Compensation - Appeal by Insurance Company together with the owner of the vehicle - An appeal by the owner of vehicle is maintainable despite the fact that in terms of an award, he is to be reimbursed by the insurance company...........
