Specific Relief Act, 1963, Section 6 -- Plaintiff dispossessed - Suit for permanent injunction sought to be converted beyond 6 months from the date of dispossession into one for possession - Second Appellate Court held that appellant's title stood extinguished and passed decree for possession in favour of plaintiff based on possessory title - Held, decree could not be..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - It is not open to the Second Appellate Court to reappreciate the evidence and reject the evidence accepted by the Courts below on the question of possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit challenging ejectment orders for non - payment of rent passed by Revenue Authorities upheld upto Financial Commissioner - Appeal pending against dismissal of suit - During pendency of proceedings plaintiff purchased suit land by order of Tehsildar (Sales) but approval not yet granted by ASO..........
Indian Penal Code, 1860, Section 394, 397 -- Appeal against conviction - Weapon of offence not recovered - Contention that without recovery it cannot be said that the weapon was deadly - Held that if it is established on record that the injured person had suffered grievous hurts or an attempt was made to cause his death in that eventuality, the production of the weapon..........
Medical Reimbursement -- Policy of 13.2.1995 of Punjab State Government - Restriction on total reimbursement of expenses incurred in private hospitals - Challenged as violative of Articles 21 and 47 of Constitution - Allowed by High Court - Appeal by special leave - Preliminary objection that State cannot take up the same instance which has become final in dismissal of..........
Indian Penal Code, 1860, Section 302 -- Murder of wife and five minor children - Trial Court passing death sentence - High Court upheld conviction and confirmed death sentence - Appeal against - Conviction based on circumstantial evidence - Medical evidence corroborating killing of wife by strangulation - Recovery of axe at site supporting children were killed by axe blows..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Conviction - Appeal against - Dying declaration - Statement of deceased before doctor that he received burn injuries as his father-in-law and his wife had put kerosene oil on him and set him on fire - To the same effect statement before ASI who recorded FIR in the hospital - Finding of trial Court and..........
Northern India Canal and Drainage Act, 1873, Section 30 -- FF - Demolished watercourse, restoration of - Review by Superintending Canal Officer of earlier order passed in appeal - In earlier order clearly stated that water course an old running water course and RS had been irrigating his fields from this water course - No occasion for Superintending Canal Officer to review..........
Letters Patent Appeal -- A pure question of fact cannot be allowed to be raised for the first time at the stage of hearing of the Letters Patent Appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding of fact - Suit for specific performance - Finding as to ready and willing - Held, it is a finding of fact - No perversity or infirmity shown in finding - Finding cannot be interfered with in second appeal by re-appreciating evidence...........
