Foreign Exchange Management Act, 1999, Section 16, 35, 42, 46 - - Refund of pre-deposit of penalty - Rejection of claim - Company/appellant produced material before the Court showing that steps were taken by it to realize and repatriate dues in question - However, High Court without considering said material arrived at finding that case is made out against..........
Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 32 -- Death sentence - Issuance of warrant for execution of death sentence before expiry of period for filing of special leave petition/an appeal against order of conviction - Issuance of warrant for execution of death sentence is contrary to law - Issuance of warrant for execution of death sentence..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court framed as many as six substantial questions of law, but did not answer any of them on merits and instead went on discussion on all other issues, which were not subject matter of six questions framed and allowed the second appeal as if it was deciding first appeal - High..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7 -- Plea of juvenility - Can be raised for first time in appeal before Supreme Court, as it can be raised at any stage before any Court...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court is entitled to re-appreciate the entire evidence independently and come to its own conclusion - However, High Court would not be justified in interfering with order of acquittal solely on the ground on re-appreciation of entire evidence that two views are possible...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Presumption of innocence which is attached to every accused person gets strengthened when such accused is acquitted by trial Court and High Court should not lightly interfere with decision of trial Court which has recorded evidence and observed demeanour of witnesses...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - When two Courts below have recorded concurrent findings of fact against plaintiffs, which are based on appreciation of facts and evidence, such findings being concurrent in nature are binding on High Court - It is only when such findings are found to be against any provision of law or..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - When two Courts below have recorded concurrent findings of fact against plaintiffs, which are based on appreciation of facts and evidence, such findings being concurrent in nature are binding on High Court - It is only when such findings are found to be against any provision of law or..........
Constitution of India, 1950, Article 254, Transfer of Property Act, 1882, Section 58(c), Bengal Money-Lenders Act, 1940, Section 37A -- Inconsistency between State Act and Central Act - Order of Court declaring lending of money for land as conditional mortgage - Appellant challenging same on ground that Court failed to consider requirements of conditional mortgage u/s.58..........
Rent and eviction -- Vacating of stay - Tenant is in possession of residential premises - Tenant deposited amount of Rs.1080000/- and also deposited Rs.15000/- p.m - Order of High Court is set aside and stay granted in favour of tenant qua second floor shall stand restored - However, landlord is permitted to withdraw Rs.1080000/- and also subsequent deposit of amount at..........
