Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - One of the non-negotiable requirements of a fair trial is that the accused persons should have ample opportunity to dispel the case and claims of the prosecution against them - Therefore, procedure under Section 313 CrPC is to be followed which provides accused an opportunity to explain such incriminating..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC has to be decided along with appeal - Matter remanded back to appellate Court to decide the appeal afresh after adjudicating application U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 31, 27 -- Judgment of First appellate Court - Points for determination not framed by first appellate Court - Even, application filed U.O.41.R.27 CPC not decided on merits and by leaving said application, first appellate Court pronounced judgment in first appeal - First appeal has been decided in an unsatisfactory manner - Judgment..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Liberty was reserved by High Court to plaintiffs to seek appropriate reliefs by filing a suit only after granting a patta and holding in favour of appellant - Therefore, question of reconsideration of those issues in suit did not arise at all - High Court was not right in raising said substantial questions of law -..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18 -- Appeal - Pre-deposit - DRAT directed appellant to deposit 40% of Rs.22.80 crore on account of pre-deposit - ARCIL applied for review and DRAT while allowing review petition directed appellant to deposit 30% of Rs.193.10 crore - However, rectified amount of..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Executing Court while deciding application u/s 47 r/w S.151 CPC, cannot question merits, correctness, validity or propriety of decree, particularly when all grounds raised u/s 47 CPC stood adjudicated in first appeal as well second appeal...........
Agreement to sell -- Dismissal of suit for specific performance - Appeal - In a suit for specific performance concerning an immovable property, if relief sought is not granted and aggrieved party appeals, then an application seeking to maintain status quo filed before appellate Court cannot be dismissed solely because suit for specific performance stood dismissed...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Interim relief - Appellate Court can grant interim relief pending appeal even if suit is dismissed...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Interim relief - First appellate Court can re-examine both questions of fact and law and may re-appreciate evidence on record - Its powers are as extensive as original Court's, meaning it can reconsider the need for interim protection...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Interim relief - Appellate Court must independently consider the application for interim relief pending final disposal of appeal on its own merits and established legal principles - It should not just look into final outcome of suit...........
