Civil Procedure Code, 1908, Section 100 -- Second appeal - Factual conclusions based on material evidence cannot be interfered with particularly in second appeal unless it is shown that they are perverse...........
Criminal Procedure Code, 1973, Section 372, 374 -- Appeal against acquittal - Offence u/ss 307, 34 IPC - Accused was acquitted by Court of Assistant Sessions Judge - Appeal would be maintainable before Court of Sessions and not before High Court...........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Appeal against acquittal - Leave to appeal - Civil dispute between parties - Ingredients of criminal offence were not established on record - Even civil suit for possession was filed by complainant and suit was decreed - Grievances of complainant has been properly addressed - No infirmity in impugned order of..........
Civil Procedure Code, 1908, Order 21, Rule 35, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Issuance of warrants of possession - Cancellation of - Suit for possession by way of ejectment - Appeal against decree dismissed in default - Pendency of restoration application in appeal - Mere pendency of restoration application in appeal is not a valid..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence during pendency of appeal filed against order of conviction - To prove statement of accounts and books of account - Income tax return sought to be produced in additional evidence could have been proved during trial by summoning record from..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - Tenable only if appeal is validly tenable...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objection - Even if original appeal is withdrawn or is dismissed in default and party had submitted that they were not interested to revive the appeal, cross-objections are to be decided on merits and in accordance with law...........
Motor Vehicles Act, 1988, Section 173, Bihar Motor Vehicles Rules, 1992, Rule 249, Civil Procedure Code, 1908, Order 41, Rule 22 -- Award passed by Motor Vehicles Tribunal - Appeal by Insurance company - Cross-objections by claimants - Entire award awarded by Tribunal was challenged by Insurance Company - Claimants were also impleaded as party respondents to said appeal -..........
Motor Vehicles Act, 1988, Section 173, Bihar Motor Vehicles Rules, 1992, Rule 249, Civil Procedure Code, 1908, Order 41, Rule 22 -- Appeal - Cross-objection - There is no restriction on right to appeal of any of parties as per provisions in question - Any party aggrieved by any part of award would be entitled to prefer an award - Any respondent though he may not have..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 439 -- Dishonour of cheque - Conviction - Appellate Court suspended sentence during pendency of appeal - Failure to appear before appellate Court on the date fixed due to illness - Having regard to fats and circumstances of the case, bail granted...........
