Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiff being husband of deceased is heir of deceased - Nikahanama in proof of marriage between plaintiff and deceased was available on record - PW2, who is witness of said marriage stated that amount of Mehar is also settled - Therefore, in absence of any contrary evidence, First..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law means not only `substantial question of law' of general importance but also a substantial question of law arising in a case as between parties...........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - Jurisdiction of High Court u/s 37 of the Act is distinct from jurisdiction in a first appeal arising out of a decree in a civil suit - High Court committed error in reversing judgment of District Judge in decreeing claim in its entirety - Award of arbitrator was challenged unsuccessfully by..........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Appeal cannot be dismissed as infructuous, merely because accused had served out the sentence and no one appeared for the accused - If no one was present for the accused, then High Court could have taken appropriate steps for representation on behalf of accused...........
Real Estate (Regulation and Development) Act, 2016, Section 43(5) -- Appeal - Pre-deposit of awarded amount - Constitutional validity of - It is the intention of the Legislation that such obligation is necessary to ensure that money once determined by the Authority is to be safeguarded - Condition of pre-deposit imposed on promoters which is due to allottees by the..........
Service -- Misconduct - Punishment - It is the disciplinary authority or appellate authority in appeal, which is to decide the nature of punishment to be given to delinquent employee - Keeping in view the seriousness of the misconduct committed by such an employee, it is not open for Courts to assume and usurp the function of disciplinary authority...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence during pendency of appeal - Condition that on non-deposit of minimum of 20% of fine/compensation, benefit of suspension of sentence would automatically vacated - Held, appellate Court in an appeal against conviction u/s 138 of the Act, while..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Respondent has admitted to have given cheques - Even, signatures are not in dispute and notices were served on him which he did not reply - Thus, respondent could not prove otherwise that he had discharged liability or he had repaid the loan which he had taken from..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appellate Court acted on a letter of advocate and interfered with order of conviction passed by trial Court - Even, on the face of it appellate Court unnecessarily gave importance to a G.D. entry number which was reflected in notice although original G.D. entry was never..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(iii)(a)(i) -- Eviction petition - Bonafide requirement - Dismissal of eviction petition by Rent Controller and eviction order passed by Appellate Court - Appellate Authority has failed to analyze reasons given by Rent Controller while dismissing petition - Appellate Authority while deciding appeal is..........
