Civil Procedure Code, 1908, Section 100 -- Second appeal - Allowed without formulating substantial question of law - Impugned judgment set aside - Matter remitted back for decision afresh in accordance with law...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(1) -- Dishonour of cheque - Conviction - Compromise during pendency of appeal - Full and final payment made - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Application u/s 311 Cr.P.C. to during pendency of appeal against conviction for recall of witness to prove that complainant firm is not registered under Punjab Money Lenders Act or with the Reserve Bank of India and as such is not competent to lend money in..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - (1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded; (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may..........
Criminal Procedure Code, 1973, Section 389, Arms Act, 1959, Section 3, 7 r, w, 25(1A), 25(1B), Representation of the Peoples Act, 1951, Section 8(3) -- Bail during pendency of appeal - Conviction u/ss 3, 7 r/w S.25(1A) and 25(1B) of Arms Act - Suspension of sentence so that it is not a bar u/s 8(3) of the Representation of People Act - Petitioner not a habitual criminal..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court not to interfere with a judgment of acquittal only because another view is possible - If two views are possible, it is trite, the appellate court shall not interfere...........
Civil Procedure Code, 1908, Order 41, Rule 1, 9 -- Appeal - Whenever an appeal is filed, office concerned submits a report with regard to limitation, sufficiency of Court fee and filing of caveat - Unless those reports are obtained file is not presented before Court - In case file is presented to Court by mistake then it is duty of Court to ensure the report of office and..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - In appeal - Suit dismissed as not maintainable - Appeal not to be allowed in terms of compromise unless the suit is held to be maintainable particularly in the circumstances when petitioner is throughout denying his signatures on the compromise...........
Criminal Procedure Code, 1973, Section 226, 227, 482 -- Nomenclature - Not relevant - Held, nomenclature under which petition was filed was not quite relevant and that did not debar court from exercising its jurisdiction which otherwise it possessed unless there was special procedure prescribed which procedure was mandatory - If in a case court finds that appellants could..........
Civil Procedure Code, 1908, Section 106, 107, 141, Order 7, Rule 10 -- Appeal - Appellate Court having no jurisdiction - Appeal has to be returned - Provision of law as application to return of plaint also applies to return of memorandum of appeal when appellate Court has no jurisdiction to entertain it...........
