Civil Procedure Code, 1908, Section 100 -- Second appeal - New defence cannot be permitted to sought in second appeal for which neither foundation was laid in pleadings nor in the evidence...........
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..........
Service -- Misconduct - Dismissal from service - Petitioner was dismissed from service on account of his conviction in criminal trial, as he fired from his service revolver on his higher officers - However, since he was granted benefit of doubt in appeal by High Court and was subsequently acquitted, petitioner was reinstated in service - Enquiry was initiated after..........
Civil Procedure Code, 1908, Section 100, 103 -- Second appeal - Findings of first appellate Court - High Court reversed the findings of first appellate Court after recording sound and convincing reasons - Appreciation of evidence by first appellate Court was on basis of it having overlooked material facts, such as appreciation of documentary and oral evidence led before..........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - Broad propositions are : These are (a) balance of convenience or inconvenience to the plaintiff or the defendant or witnesses; (b) convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; (c) issues raised by the parties; (d)..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 201, 149, 120B -- Bail during pendency of appeal - Appeal against conviction - Murder case - High Court while granting bail to accused not at all appreciated and considered the fact that trial Court on appreciation of evidence convicted accused - There is total lack of clarity on submissions,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff admitted that Government is owner of roof of shop in dispute and he has no right to make alteration/changes thereon - He neither produced allotment letter of suit shop in favour of his predecessor-in-title nor produced his registered sale deed - Since, plaintiff failed to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent finding of fact that plaintiff was in possession of suit property on the date of suit is not open to challenge in second appeal even if appreciation of evidence is wrong and finding of fact is incorrect...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Divergent findings on fact - When divergent findings on fact were available before High Court in an appeal u/s 100 CPC though reappreciation of evidence was not permissible, except when it is perverse, but it was certainly open for High Court to take note of case pleaded, evidence tendered, as also findings..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Merely because High Court refers to certain factual aspects in the case to raise and conduct on question of law, same does not mean that factual aspect and evidence has been reappreciated...........
