Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - First Appellate Court cannot give a decision without formulating points for determination in first appeal...........
Motor Vehicles Act, 1988, Section 171 -- Accident - Compensation - Interest - Normally interest should be granted from date of filing petition - It is only if appeal is filed after an inordinate delay by claimants, or decision of case is delayed on account of negligence of claimant, in such exceptional cases interest may be awarded from a later date - However, while doing..........
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Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objection - Even if original appeal is withdrawn or is dismissed in default and party had submitted that they were not interested to revive the appeal, cross-objections are to be decided on merits and in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 -..........
