Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Three doctors sought to be summoned by complainant were already mentioned in the list of witnesses filed along with challan - Application for summoning those witnesses were allowed by trial Court, however, on account of their incomplete address those witnesses could not be served and..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution till decision of appeal - Appeal is pending for final arguments - Ends of justice would be met in case stay of execution proceedings is granted till decision of appeal - Application allowed...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside - Appeal u/s 96 CPC and an application U.O.9.R.13 CPC was preferred against ex parte decree - Right of defendant u/s 96 CPC cannot be taken away - Both appeal as well as application U.O.9.R.13 CPC would be maintainable...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay in filing appeal against ex parte decree - Ex parte decree though passed on 21.12.2021 and defendant received notice of same on 21.7.2022 - Consequently, appeal was filed with delay - Valid reasons have been assigned - Delay in filing appeal condoned...........
Hindu Marriage Act, 1955, Section 13B, 28 -- Divorce by mutual consent - Appeal against decree of divorce by mutual consent is maintainable...........
Selection -- Eligibility - Criteria that the minimum qualifying marks in the said test would be at least 50% - Guidelines of recruitment as laid down through a policy decision were sacrosanct and were required to be followed for all practical purposes - However, decision to reduce the cut-off marks is not based upon an objective-criteria, namely, the suitability of the..........
Selection -- Eligibility - Criteria that the minimum qualifying marks in the said test would be at least 50% - Guidelines of recruitment as laid down through a policy decision were sacrosanct and were required to be followed for all practical purposes - However, decision to reduce the cut-off marks is not based upon an objective-criteria, namely, the suitability of the..........
National Investigation Agency Act, 2008, Section 21 -- Appeal - Maintainability - Order framing charge or order altering or refusing to alter charge passed by Special Court under the Act, is an interlocutory order and thus, not appealable u/s 21(1) of the Act - Appeal is not maintainable...........
Civil Procedure Code, 1908, Section 21 -- Pecuniary jurisdiction - Objection as to - Appellant did not raise objection as to pecuniary jurisdiction of trial Court in first appeal - Even, there is no whisper of averment/contention as to how appellant suffered prejudice on account of lack of Pecuniary jurisdiction if any - Appellant not permitted to raise objection as to..........
Arms Act, 1959, Section 25(IB)(a) -- Acquittal - Appellants filed appeal against conviction for the offence u/s 25(IB)(a) of the Act - Held, in case of secret information the investigating agency must join some independent witnesses - There is no plausible reason brought on record by the prosecution that why no independent witness was joined at the time of effecting..........
