Negotiable Instruments Act, 1881, Section 138, 148, 143A -- Dishonour of cheque - Power of appellate Court to order payment pending appeal against conviction - Appellate Court ordered to deposit 20% of compensation for suspending execution of sentence of imprisonment - Said order held, unreasonable - Quantum of deposit 20% of cheque amount modified to 5%...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, possession and damages - Plaintiff led no evidence to establish that he was throughout in possession since 1930 after resumption of grant by successor of defendant - First appellate Court and High Court have proceeded on assumptions and presumptions to hold in favour of State on the question..........
Civil Procedure Code, 1908, Section 115, Order 9, Rule 13, Constitution of India, 1950, Article 227 -- Ex parte decree - Remedy of appeal thereagainst is available - High Court ought not to have entertained revision application u/s 115 CPC and u/art 227 of Constitution...........
National Green Tribunal Act, 2010, Section 4(4)(c) -- Establishment of Tribunal - Single member Bench could not have passed an order in view of S.4(4)(c) proviso of the Act which states that number of expert members hearing appeal or application shall be equal to number of judicial members, mandating that there shall be at least one expert member on Bench...........
Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Dismissal of application to recall ex parte order - Order not an interlocutory order - Appeal against such an order is maintainable...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Presumption - Complainant failed to establish as to when cheque in question was issued by accused - Accused itself had intimated fact of loss or theft of her signed cheques/cheque book to manager of bank, by issuing a letter - Accused had also given intimation to manager..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Once finding of fact recorded by two Courts below are justified and based on due appreciation of evidence, re-appreciation of evidence at the stage of second appeal in order to draw a different conclusion is not warranted...........
Civil Procedure Code, 1908, Section 100, Order 9, Rule 9 -- Second appeal - Order passed U.O.9.R.9 CPC do not have trappings of decree - Second appeal u/s 100 CPC held, not maintainable...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Permission sought to file single appeal against two decrees drawn in a consolidation of two suits - Appeal decided on preliminary objection without deciding application - Serious prejudice caused to appellant - Impugned order set aside - Matter remitted - High Court to decide application prior to deciding preliminary..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- (As in P&H), S.96 - Appeal at the instance of a legal representative who failed to get himself substituted on death of a party - There is no abatement of case on account of failure to file an application by the legal representative due to the death of a party - Order dismissing appeal as not maintainable, set aside...........
