Civil Procedure Code, 1908, Section 100 -- Second appeal - Onus to prove case - Discharge of - Held, well settled that plaintiff has to succeed or fail on merit and evidence of their own and not on the weakness in defendants' case or evidence - Even if defendants' witnesses, as claimed by appellant, were scanty or insufficient, the same is not a ground for decreeing..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386 -- Dishonour of cheque - Conviction - Appeal - Adjudication of - held, a criminal appeal once admitted and taken on file by Court has to be disposed of after providing an opportunity of hearing to appellant or his counsel, if he is so represented, and there cannot be a disposal of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition and separate possession filed by plaintiff to the extent of 1/4 share under Mohd. Law - Suit decreed - Appeal allowed by appellate court - High Court allowed second appeal without formulating substantial questions of law - Held, jurisdiction of High Court u/s 100 of CPC is not akin to appellate..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent and mandatory injunction - Pucca Nullah has already been constructed over suit property - Land was acquired after making payment of compensation - Suit land is not in possession of appellant - He has failed to show any document from which it can be inferred that land was not acquired - Held, no..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Trial Court did not consider property the evidence on record - Finding recorded by trial Court too not reversed - Unsustainable judgment and decree - Set aside - Appeal allowed - Matter remitted to Lower Appellate Court for decision afresh in accordance with law considering the issues involved...........
Civil Procedure Code, 1908, Order 9, Rule 13, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(g) -- Ex parte decree - Setting aside of - Whether an appeal against main order deciding a suit on merits is maintainable after dismissal of an application for recalling ex parte order U.O.9.R.13 CPC read with S.22(2) (g) of 1993 Act? - Held,..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Eviction decree - Trial court on thorough examination of evidence discovered that preparation of partnership deed was only sham affair and in fact there did not exist any partnership deed between tenant and sub-tenant - Evidence on record proved sub-letting - Held, eviction justified - No interference required -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Re-appreciation nd reappraisal of evidence on record - Not legally permissible in second appeal - As no question of law, muchless substantial, is involved, so, no interference is warranted, in the impugned judgments/decrees of the Courts below...........
Civil Procedure Code, 1908, Section 104(2), Order 43, Rule 1(t) -- Bar u/s 104(2) - Applicability - Appeal - Dismissal for want of prosecution - Restoration application filed along with application for condonation of delay rejected - Appeal thereagainst - Held, it would be an appeal U.O.43.R.1(t) r/w S.104 of CPC and not intra court appeal or Letter Patent Appeal - Hence..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Power of appellate Court - Held, it is open for appellate Court to re-appreciate the findings on the basis of evidence and to correct the finding of Court below while exercising appellate jurisdiction in terms of S.386 of the Code...........
