Criminal Procedure Code, 1973, Section 367, 391 -- Scope of the Appellate Court - In a criminal appeal against conviction, the appellate court examines the evidence recorded by the trial court and takes a call upon the issue of guilt and innocence of the accused - Hence, the scope of the appellate court`s power does not go beyond the evidence available before it in the..........
Civil Procedure Code, 1908, Section 41 -- Remand - Suit for permanent injunction - Appellate Court remanded the matter back to trial Court on the ground that trial Court had not recorded specific conclusion with regard to plot in question - However, judgment of trial Court reveals that categorical finding has been recorded in it with regard to ownership and possession of..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 17, 19 -- Restoration of appeal dismissed in default - Appellant was not present on the date when case was called, therefore appellate Court dismissed the appeal - However, in a case on a particular fixed date of hearing, if appellant or his counsel do not appear then also Court committed error in dismissing the case..........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Appellate Court in acquittal appeal is not required to rewrite the judgment or to give fresh reasoning, when reasons assigned by Court below are found to be just and proper...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - When compromise is incomplete and bad for non-joinder of all the sharers, Court will have no other option, but to proceed with suit or appeal, as the case may be by rejecting compromise...........
Civil Procedure Code, 1908, Section 96 -- First appeal - First Appellate Court is final Court of fact and law - However, it has to fall in line with scope and ambit of S.96 of the Code...........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(D) -- Quashing of order - Order taking cognizance - Offence u/s 3(1)(D) of the Act - Application u/s 482 Cr.P.C is not maintainable against order taking cognizance for an offence in SC/ST Act, as only appeal provided u/s 14-A(1) of SC/ST Act..........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Grant of leave to appeal - Principles governing - (i) Ss.96 and 100 of CPC provide for preferring an appeal from an original decree or decree in appeal respectively; (ii) said provisions do not enumerate the categories of persons who can file an appeal; (iii) however it a settled legal proposition that a stranger..........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - By a stranger to decree - Grant of leave to appeal - A stranger cannot be permitted to file an appeal in any proceedings unless he satisfies the Court that he falls with category of aggrieved persons - It is only where a judgment and decree prejudicially affects a person who is not a party to the proceedings, he can..........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - By a stranger to decree - Grant of leave to appeal - `Person aggrieved' - Does not include a person who suffers from a psychological or an imaginary injury - A person aggrieved must, therefore, necessarily be one, whose right or interest has been adversely affected or jeopardized...........
