Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Formulation of substantial question of law or reformulation of the same in terms of the proviso arises only if there are some questions of law and not in the absence of any substantial question of law - High Court is not obliged to frame substantial question of law, in case, it finds..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - There is no difference of power, scope, jurisdiction or limitation under the Code between appeals against judgments of conviction or of acquittal - Appellate Court is free to reconsider questions of both law and fact and re-appreciate entirety of evidence on record - However, in practice appellate..........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - First appeal in criminal matter requires Court to form his opinion on the basis of evidence on record and opinion of trial Court - In the instant case facts have been stated followed by what each witness has deposed - Thereafter it was stated "prosecution has been successful in proving guilt of..........
Companies Act, 2013, Section 421(3) -- Condonation of delay in filing appeal - Appeal against order of National Company Law Tribunal (NCLT) - Period of limitation of 45 days prescribed in S.421(3) of the Act, would start running only from date on which a copy of order of Tribunal is made available to person aggrieved - However, appellants chose to apply for a certified..........
Agreement to sell -- Decree of specific performance - Mere fact that there was an appeal of vendor pending, failure of vendor (sic vendee) to put in Rs.5000/- within time stipulated by Court, would not itself disentitle vendor (sic vendee) to relief of specific performance - It was for Court to decide whether or not to extend time for payment of Rs.5000/-...........
Criminal trial -- Condonation of delay - Delay in filing appeal against conviction - Where life and liberty of a person is in question, one right of appeal has always been accepted and appropriate steps must be taken to effectuate that right - Considerations on account of delay and limitation ought not to negate right of appeal of accused...........
Criminal Procedure Code, 1973, Section 372 -- Appeal by victim for enhancement of sentence is not maintainable - Victims right of appeal is restricted to three eventualities, namely, acquittal of accused, conviction of accused for lesser offence or for imposing inadequate compensation - There is no provision for appeal by victim for questioning order of sentence as..........
Criminal Procedure Code, 1973, Section 357(3) -- Compensation - Death due to custodial torture - Appellant is father of deceased who succumbed to injuries suffered in lock up - He is 76 years of age and has been fighting alone in the case for last more than 14 years - Deceased was 20 years old at the time of incident and appellant pursued the case from last 14 years which..........
Consumer Protection Act, 1986, Section 23 -- Appeal - Maintainability - Appeal u/s 23 of the Act not maintainable against an order which is passed in the course of execution proceedings - Appeal dismissed being not maintainable...........
Consumer Protection Act, 1986, Section 23 -- Appeal - Maintainability - Appeal u/s 23 of the Act is maintainable against an order which is passed by NCDRC on a complaint where value of goods or services and compensation, if any claimed exceeds threshold which is prescribed...........
