Civil Procedure Code -- A and Section 105 - Non - appealable interlocutory orders - Party aggrieved by interlocutory order - Given - a right only in appeal against decree to contend that such order should not have been made...........
Civil Procedure Code, 1908, Section 115(1), Order 18, Rule 17A - - Revision against order dismissing application for additional evidence - Not maintainable - Order does not fulfil requirement of clause (a) nor that of irreparable injury postulated in clause (b) of Proviso to Section 115(1) - Petitioner if fails in suit entitled to challenge in appeal against decree under..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 42 -- Appeal against conviction - Search conducted before the sunrise - Failure on the part of police to comply with the provisions of the proviso to Section 42(1) of the Act certainly affects the prosecution and the trial - The prosecution and the trial held vitiated...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Appeal against conviction - Search - Joining of independent witness - Not examined as a witness in Court - Non-examination in the circumstances of the case certainly goes against the case of the prosecution...........
Limitation, Section 5 -- Delay of 103 days in filing appeal, condonation of - Averment that Sarpanch placed under suspension and no acting Sarpanch appointed to pursue proceedings - Neither complete details given nor documents annexed to support averments - Gram Panchayat functioning for all the period - Nothing stated as to what steps taken by Sarpanch which could not..........
Consumer Protection Act, 1986, Section 15, 30(2) -- Himachal Pradesh Consumer Protection Rules, 1988, Rule 22(3) - Appeal - Memorandum of Appeal not accompanied by a certified copy of the order - The appeal defective, incompetent and has not been validly presented - Liable to be dismissed...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Banking - Deficiency in rendering service - Compensation - Complaint allowed by District Forum - Compensation or costs not awarded - The finding of deficiency in rendering service as recorded by District Forum not challenged by bank by filing appeal - A sum of Rs.500/- towards compensation and costs awarded...........
Criminal trial -- Appeal against acquittal - High Court acquitted as the version given by four eye witnesses was improbable, that they had made material improvements while giving evidence in Court and that each of the eye witness was not a reliable witness as his evidence suffered from various infirmities - Reasons given by High Court cannot be said to be unreasonable -..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, Section 10 -- Appeal against directions given by competent authority to a party to produce documents or submit prescribed proforma - Not maintainable - Appeal can only be filed against order of Director granting or refusing to grant permission or licence...........
Constitution of India, 1950, Article 22(5) -- COFEPOSA Act, Section 3(1) - Detention order - Respondent before surrendering filed writ petition and obtained ad interim stay - On vacation of stay by learned single judge, the Division Bench in appeal granted ad interim relief and extended the same from time to time - Held that proper order which was required to be passed was..........
