Civil Procedure Code, 1908, Section 11, Order 22, Rule 5 -- Res judicata - Orders passed in application for substitution of L.R's - A decision U.O.22.R.5 CPC is in the nature of collateral proceedings for the purpose of determining who are LRs for continuing the suit - Order passed is not a final order or final adjudication of the matters involved in the suit - Absence of..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise during pendency of second appeal - Appeal decided in terms of compromise - Compromise challenged by one of the parties - High Court dismissed application - In appeal thereagainst Supreme Court remitted the matter for fresh consideration and to decide question of consideration of compromise - High Court without..........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures sought during pendency of first appeal - Application filed almost four years from the date of filing appeal - Dismissal of application calls for no interference as petitioner admitted her signature in the written statement and in view of the fact that there is no explanation as..........
Agreement to sell -- Specific performance - Compensation in terms of money - Legality of order - Agreement for land entered into for meager consideration, cannot be said to be valid consideration - More so, defendant is a farmer and disputed land is the only source of his livelihood, thus, equitable and discretionary relief of specific performance cannot be granted -..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Misleading Court by concealing material facts - Court which granted bail, cannot reject bail already granted, as Court is not in a position to review its earlier order - Only remedy available is to file an appeal against order granting bail - Application for cancellation of bail rejected...........
Suits Valuation Act, 1887 - - Plaintiff filed suit for vacant possession of land underneath her room and demolition of unauthorized construction - As per the agreement, plaintiff is the owner of construction raised on first floor, whereas defendants are owners of construction raised on ground floor - Defendants by examining scribe and witnesses to agreement, duly proved..........
Civil Procedure Code, 1908, Order 39, Rule 1, 3, Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Section 104 -- Grant of interim injunction in regular appeal filed U.O.41 PC - Appeal there against - Appeal is maintainable in view of S.104(1) read with O.43.R.1(r) CPC...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - High Court convicted accused in appeal against order of acquittal by trial Court - High Court has not analysed evidence and assumed certain facts, as if they have been proved and proceeded to unsettle judgment of acquittal - Approach of High Court held, erroneous to overturn judgment of acquittal -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court has no jurisdiction in second appeal to interfere with finding of fact given by first appellate Court based upon appreciation of relevant evidence...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Jurisdiction of High Court - In second appeal, High Court cannot correct the errors of law or erroneous findings recorded by first appellate Court vis-a-vis questions of law unless such question of law be a substantial one...........
