Civil Procedure Code, 1908, Section 115, 100 -- Initially regular second appeal filed in the case, upon objection by opposite party Court opined that second appeal not maintainable and liberty given to move application for treating appeal as civil revision - Earlier order that appeal be treated as civil revision became final between the parties - Objection that revision..........
Murder -- Compensation - Suit for recovery filed by plaintiffs (widow and minor daughter respectively of deceased) alleging that they were entitled for compensation by way of damages to the extent of Rs.3 lacs from the defendants on account of murder of deceased - Plea of defendants that their appeal was still pending before the Hon-ble Supreme Court - Held that mere..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Recovery suit - Compensation - Concurrent findings of the Courts below that defendant were liable for the murder of deceased and that plaintiffs being his widow and minor child were entitled to claim compensation from the defendants - Findings not calling for any interference - Even if the widow had subsequently..........
Compensation -- Fixed Deposit - Non-payment of maturity value - District Forum directing refund the principal amount with 18% interest - Appeal seeking additional compensation - In view of high rate of interest already awarded by District Forum there is no occasion for awarding additional compensation...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 27 -- Plaint - Amendment at appellate stage - Suit for declaration of title and injunction - As plaintiff dispossessed during pendency of appeal as such relief of possession sought - Courts should try to avoid multiplicity of litigation - Amendment allowed - Appellate Court to invoke..........
Civil Procedure Code, 1908, Order 47, Rule 3 -- Review - Application has to be in the form of an appeal, setting out various grounds for review as in the case of an appeal - When review petition is not in proper form then petition to be returned for being presented in proper form as procedural errors or lapses by themselves are not a ground for dismissal of a petition -..........
Penal Code, 1860, Section 420,467,468 -- Quashing of FIR - Civil suit filed by respondent Nos.2 and 3 against petitioners pertaining to the property which is subject matter of the FIR - Suit dismissed - Compromise between parties - Since the parties have settled the matter and respondent Nos.2 and 3 themselves have withdrawn their appeal, thereby giving finality to the..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Order allowing application for adducing additional evidence without deciding appeal - Suffers from serious illegality - Cannot be sustained - Set aside - Application under Order 41 Rule 27 required to be decided along with appeal - Appellate Court should decide application at the stage of deciding appeal because it is only..........
Motor Vehicles Act, 1988, Section 173 -- Insured filing no appeal against award - It is not permissible for an insurer to file an appeal questioning the quantum of compensation as well as findings as regards negligence or contributory negligence of the offending vehicle...........
Indian Penal Code, 1860, Section 304B, 306, 498A -- Dowry death - Suicide within 11 months of marriage - Acquittal by trial Court - Conviction by High Court under Sections 306 and 498-A IPC - Appeal against - Having regard to the facts of the case continuous taunting or teasing on one ground or the other amounted to mental cruelty compelling her to end life - Out of 11..........
