Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - Cannot be gone into, scrutinised or upset by High Court in second appeal...........
Punjab Land Revenue Act, 1887, Section 16 -- Lambardari revision - Order appointing Lambardar upheld in appeal - No illegality or perversity in findings of both lower Revenue Officers - No reason to interfere in revision...........
Civil Procedure Code, 1908, Order 41, Rule 3 -- Memorandum of appeal - Deficiency in court-fees - Before appellant can be heard on merits of controversy regarding court-fees as determined by trial Court - Appellant must pay court-fees as decided by trial Court on memorandum of appeal...........
Adverse possession -- Burden of proof heavily placed on plaintiff - Not an iota of evidence with regard to adverse possession so much so even plaintiff never stated in examination that possession adverse and hostile to the knowledge of true owner - Concurrent finding of Courts below not in any way suffering from error of jurisdiction or that the approach palpably wrong -..........
Limitation Act, 1963, Section 5 -- Delay in filing appeal - Condonation of delay of 4 months and 25 days - Explanation of having fallen ill and under treatment of doctor - Application supported by Affidavit and Medical Certificate annexed in support thereof - Sufficient cause shown for delay - Delay condoned...........
Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Appreciation of evidence - Evidence of neither wholly reliable nor wholly unreliable witness - In such cases independent corroboration to the testimony of such witnesses should be sought - Two weak links of evidence would not be sufficient to take the prosecution case beyond reasonable doubt - Benefit of..........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 - - Revision directly against order under Order 39 Rules 1 and 2 - Not maintainable - Order appealable under Order 43 Rule 1(r) - Plea that revision maintainable as appeal against order under Order 39 Rules 1 and 2 lies to District Judge and not to High Court - Not tenable in..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Divorce petition u/s 13 dismissed - Appeal pending - Parties living separately since 1987 - No chance of reconciliation - Matrimonial life virtually dead - Both parties desiring divorce by mutual consent - Request for converting petition u/s 13 to be one under S.13-B - No impediment in acceptance of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding of fact - Finding that no agreement to sell was entered into between the plaintiff Leela Ram and Bhagwan Dass are well reasoned and based on appreciation of evidence - Do not call for any interference...........
Succession Act, 1925, Section 372, 388, 384 -- Succession certificate - Granted by Sub Judge lst Class who was invested with powers by State Government - Appeal against - Lies before District Judge...........
