Consumer Protection Act, 1986, Section 15 -- Appeal - Limitation - Condonation of delay - It is not stated in the application as to why there is delay of 52 days in filing appeal - Delay not explained with reasonable certainty - Appeal held time barred and liable to be dismissed in limine...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law formulated - Respondent is still entitled to contend that no substantial question of law as framed is involved...........
Civil Procedure Code, 1908, Section 100(5) -- Second appeal - Substantial question of law - Not formulated in appeal nor formulated by High Court while admitting appeal - Second appeal cannot be entertained in absence of any real substantial question of law involved therein...........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 10 -- Death of plaintiff during pendency of appeal against order of maintenance - Petitioner seeking to be impleaded as L.R. on the basis of Will - Petitioner acquires legal status to represent the estate of deceased together with decree for maintenance...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court can review the evidence upon which an order of acquittal is based - Generally the order of acquittal is not interfered with because the presumption of innocence of accused is further strengthened by acquittal - If two views are possible on the evidence adduced in the case, one pointing..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court to interfere only when there are compelling and substantial reasons for doing so - If the impugned judgment is clearly unreasonable and relevant and convincing materials have been unjustifiably eliminated in the process, it is a compelling reason for interference...........
Civil Procedure Code, 1908, Order 39, Rule 3A, 4, Civil Procedure Code, 1908, Order 43, Rule 1 - - Injunction - Vacation - Non disposal within 30 days - Affected party can prefer appeal - Limitation for filing appeal commences on date when it was clear that application is not disposed of...........
Criminal Procedure Code, 1973, Section 482 -- Conviction - Some of accused not challenging conviction - If on evaluation of case Court comes to conclusion that no conviction of any accused is possible, the benefit of that decision must be extended to the co-accused, similarly situated, though he has not challenged the order by way of an appeal...........
Indian Penal Code, 1860, Section 302 -- Acquittal of accused - Co-accused similarly placed on same set of facts and on similar accusations be also acquitted - A departure may be made in case where accused had not surrendered after the conviction in addition to not filing an appeal against the conviction - However, after surrender, the benefit of acquittal in the case of..........
Constitution of India, 1950, Article 226 -- Certiorari jurisdiction - It is not a writ of right but one of discretion - Object of the writ is to curb excess of jurisdiction, to keep the inferior Courts and tribunals within their bounds - Its purpose is to bring for review before a superior Court the proceedings and judgments of inferior Courts and tribunals clothed with..........
