Commercial Courts Act, 2015, Section 8, 13, Civil Procedure Code, 1908, Order 7, Rule 11 -- Dismissal of application U.O.7.R.11 CPC by Commercial Court - Appeal thereagainst - Not maintainable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Decree for declaration and permanent injunction - Plaintiff filed the suit on basis of earlier judgment and decree of 1982 in which title of plaintiff was declared - Non-filing of execution proceedings qua said decree of 1982, defendants do not ipso facto become owners of suit property and same does not debar..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Wife was duly served in the proceedings - She was thus, aware of filing of divorce petition - Wife was negligent and not interested in pursuing the proceedings - Even, the present appeal is filed belatedly after delay of 136 days..........
Criminal Procedure Code, 1973, Section 372 -- Appeal by victim against acquittal - Victim is not required to file delay condonation application even if appeal is filed with delay of more than 90 days - The only requirement is to file an affidavit explaining the delay - If Appellate Court is satisfied with the explanation offered, Court is entitled to proceed to consider..........
Civil Procedure Code, 1908, Order 23, Rule 3A, Constitution of India, 1950, Article 226 -- Compromise decree - Writ petition - Maintainability - Only remedy available to a party to a consent decree or any person not a party to a suit or appeal, to avoid such consent decree, is to approach the same Court which recorded the compromise and made a decree in terms of it and..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 908 days in filing appeal - Defendants have not chosen to cross-examine PW1 and matter was pending for several years - They were set ex parte and application filed for setting aside ex parte decree is also dismissed - Defendants have only intended to drag on..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Suspension of sentence during pendency of appeal against conviction - Recovery of 21 kg poppy husk - Accused had undergone total actual sentence of 4 months and 7 days - There is no case registered against him of similar nature - Appeal is admitted and it is..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Merely because appeal against decree sought to be executed is pending is no ground to stay its execution - Objections rejected - Warrants of possession and notice U.O.21.R.37 CPC was rightly ordered to be served upon JD...........
Criminal Procedure Code, 1973, Section 362 -- Review - Application seeking permission to file a review at the instance of a person who was not a party to criminal proceedings is not maintainable in a criminal appeal...........
Criminal Procedure Code, 1973, Section 362 -- Review - Application seeking permission to file a review at the instance of a person who was not a party to criminal proceedings is not maintainable in a criminal appeal...........
