Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Cross objections have all trappings of a regular appeal and therefore must be considered in full by Court adjudicating upon the same...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Where decree given by Court of first instance, is partly in favour of respondent, but is also partly against respondent, two remedies within O.41.R.22 CPC remain with respondent, which are: (i) To file their cross objections and, (ii) To support the decree in whole - However, a third remedy in law also..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Cross objections have all trappings of a regular appeal and therefore must be considered in full by Court adjudicating upon the same...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Where decree given by Court of first instance, is partly in favour of respondent, but is also partly against respondent, two remedies within O.41.R.22 CPC remain with respondent, which are: (i) To file their cross objections and, (ii) To support the decree in whole - However, a third remedy in law also..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 908 days in filing appeal - Defendants have not chosen to cross-examine PW1 and matter was pending for several years - They were set ex parte and application filed for setting aside ex parte decree is also dismissed - Defendants have only intended to drag on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In appeal against conviction Appellate Court set aside conviction and remanded the matter as accused was denied an opportunity to produce documents in defence and denied him opportunity to cross examine the relevant witnesses testimony - Order upheld...........
Civil Procedure Code, 1908, Section 100, Order 14, Rule 1 -- Issue - Issue of jurisdiction regarding maintainability of suit decided against defendants and they did not file any cross appeal or raise any objection regarding same - Said issue cannot be taken in second appeal, as same would be a mixed question of law and fact...........
Criminal trial -- Cross Cases - Each case has to be decided on its own merit and the evidence recorded in one case cannot be used in its cross case - Whatever evidence is available on the record of the case only that has to be considered - Only caution is that both the trials should be conducted simultaneously or in case of the appeal, they should be heard simultaneously...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Accused had never entered into any agreement with complainant nor did he issue any cheques in favour of complainant - Even, DW2 in his cross-examination has stated that for running business of accused there is no necessity of tipper or dogger - Moreover, service of demand..........
Negotiable Instruments Act, 1881, Section 138, 118, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - Through cross-examination of complainant, accused has establish that complainant had no financial capacity to lend and accused had no necessity to borrow from him - Even , accused has establish that cheque..........
