Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court in acquittal appeal is not required to rewrite judgment or to give fresh reasoning, when reasons assigned by Court below are just and proper...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession of suit land based on title - Plaintiff by producing allotment order has proved her title and by producing khatiyans has proved her possession over suit land - Allotment order is document of title and it can be accepted as document of title - Khatiyans are revenue record and it..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 324, 34 -- Benefit of probation - Offence u/ss 324, 34 IPC - Accused are first offenders and aged persons - Appeal against conviction is of the year 1984 - Benefit of probation thus, given to accused...........
Criminal Procedure Code, 1973, Section 482 -- Dismissing of application u/s 482 Cr.P.C. - Delay in FIR - Cognizance of offence and Examining witnesses - JMFC held that the case could be decided without collecting evidence from the police but single judge set aside the order as the matter should be investigated on deposition complainant - Especially in cases alleging sexual..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - At the stage of second appeal, re-appreciation of entire evidence as a whole to draw a different conclusion than recorded by two Courts below is not permissible, unless and until fact findings are alleged to be perverse or recorded on basis of some inadmissible piece of evidence or suffer from..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory and prohibitory injunction - Concurrent findings of Courts below that obstruction over suit property as alleged by plaintiff has already been removed by defendant pursuant to order of Tehsildar - As regarding claim of plaintiff regarding right to use the way in question, both the Courts below..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of second appeal - When two plaintiffs joined together and secured a decree of declaration and possession of an immovable property, death of one of decree holder will not make second appeal abate, as against surviving successful plaintiff, cause of action survived - Abatement occurs only when cause of action does..........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay of 645 days in filing appeal - Negligence/inaction on the part of petitioners in preferring appeal is on record - Petitioners failed to show any sufficient cause for condoning delay of 645 days in filing appeal - Application for condonation of delay rightly dismissed...........
Criminal Procedure Code, 1973, Section 372 -- Proviso - Appeal by victim against acquittal - Victim is not required to seek leave to appeal as required in case of complainant...........
Civil Procedure Code, 1908, Section 100, 34 -- Second appeal - Issue of S.34 CPC with regards to determination and remittance of interest will not come into play in second appeal...........
