Criminal Procedure Code, 1973, Section 372 -- proviso, 378 - Appeal against acquittal - Police case - Informant or complainant in a police case arising out of a FIR is also a victim within meaning of S.372 Cr.P.C, therefore he/she is entitled to file an appeal against an order of acquittal in terms of S.372 Proviso Cr.P.C without leave of Court...........
Civil Procedure Code, 1908, Section 115, Madhya Pradesh Accommodation Control Act, 1961, Section 23E -- Eviction petition - Revisional power of High Court - S.23E of the Act bars filing of appeal against order of RCA but confers High Court with revisional powers to test legality, propriety, correctness of order or regularity of proceedings by exercising same power as..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against grant of bail - While granting bail, antecedents of accused and manner in which offence u/s 302 IPC was committed not considered - These factors were relevant while considering bail application - Bail application dismissed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against grant of bail - While granting bail relevant factors not considered - Plea that accused has not violated any condition of grant of bail till date - Plea declined - Bail application dismissed...........
Motor Vehicles Act, 1988, Section 173, Civil Procedure Code, 1908, Section 96 -- Appeal filed u/s 173 of 1988 Act is akin to S.96 CPC - High Court has to appreciate the evidence and assign reasons for dismissal of appeal...........
Income Tax Act, 1961, Section 261UD(1), Rajasthan Urban Improvement Act, 1959, Section 74(1), 73A, Rajasthan Urban Areas (Sub-Division Reconstitution and Improvements of plots) Rules, 1975, Rule 11 -- Appeal - Against pre-emptive purchase order - High Court directed entitlement of purchaser for refund of amount paid to vendor together @ 6% p.a. - As per Court below fair..........
Income Tax Act, 1961, Section 261UD(1), Rajasthan Urban Improvement Act, 1959, Section 74(1), 73A, Rajasthan Urban Areas (Sub-Division Reconstitution and Improvements of plots) Rules, 1975, Rule 11 -- Intra Court appeal - Against pre-emptive purchase order - Writ jurisdiction - Writ Court cannot act as an appellate Court to examine the legality and correctness of the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - As per evidence on record, complainant failed to produce any documentary evidence regarding consultancy provided by him and collaboration agreements - Even, there is no explanation for four years delay in issuance..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appellate Court misdirected itself by mixing up all three conditions and not going into merit of the case - It failed to appreciate that S.146 of the Act specifically stipulates that bank slip is prima facie evidence - Even, DW1 categorically admitted the fact that legal..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Administrative decision - High Court in exercise of jurisdiction u/art 226 of Constitution does not sit in appeal over an administrative decision - Court can only examine decision making process to ascertain whether there was such infirmity in decision making process, which vitiates decision and calls for..........
