Civil Procedure Code, 1908, Section 100 -- Second appeal - Question of law ought to have been framed u/s 100 CPC - Even if question of law had not been framed at the stage of admission, at least before deciding case said question of law ought to have been framed...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 305, Protection of Children from Sexual Offences Act, 2012, Section 21, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(vi) -- Suspension of sentence during pendency of appeal against conviction - Offence u/s 305 IPC and S.21 of POCSO Act and S.3(2)(vi) of..........
Negotiable Instruments Act, 1881, Section 118 -- Suit for recovery based on dishonoured cheque - When there is an admission regarding issuance of cheque in connection with a money transaction either as security or in lieu of cash, initial onus lies on plaintiff to prove due execution would stand discharged - Presumption available u/s 118 of the Act including one that..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Complainant and accused have arrived at a compromise by filing application u/s 147 of the Act r/w S.320 Cr.P.C. - Therefore, it is deemed appropriate to state that when matter has ended in compromise, it is not proper for continuity of appeal and even at the stage of admission -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by appellate Court - Plea of accused is that complainant obtained cheque from him in order to give him loan and neither returned the said cheque nor gave any loan instead misused the said cheque for filing complaint - Not replying to notice nor filing any police..........
Civil Procedure Code, 1908, Order 8, Rule 1A, 3(A), 151 -- Production of statement of plaintiff regarding admission made in another suit - Eviction suit - Statement of plaintiff sought to be brought on record was itself rendered on 11.9.2017 and thus, could not have been brought on record prior thereto - Relevance of statement can further be examined by Court below -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commission - O.26.R.9 CPC does not contemplate appointment of commission for examination of a document and report to Court about oral account of its contents, as if oral account of contents of document is included in report of commissioner that is only secondary evidence and thus, bar for admission to secondary..........
Evidence Act, 1872, Section 8 -- Conduct of a party - When evidence is given on conduct of a party and if it is proved to the satisfaction of Court particularly when it involves an admission, adequate weightage is required to be given...........
Evidence Act, 1872, Section 17, 58 -- Admission - Will - Where a party admits execution of document in the nature of a Will which is otherwise proved in accordance with S.63 of Succession Act and S.68 of Evidence Act, it becomes a relevant fact duly proved in the absence of any discretion by Court...........
Evidence Act, 1872, Section 58 -- Admission - Fact admitted - Need not to be proved unless Court warrants it - Exercise of discretion is a judicial one - There must be basis in asking a party to prove it otherwise...........
