Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - Magistrate dismissed complaint and acquitted all accused - High Court ought to have granted leave to complainant to file criminal appeal - Having regard to nature of violations complained of and material on record, regular hearing by way of appeal before High Court was necessary..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Setting aside ex-parte order - Appeal against dismissal of application - Prayer for setting aside ex-parte order made during pendency of suit U.O.9.R.7 of CPC and not after its disposal U.O.9.R.13 - Therefore, an appeal preferred against order passed in relation to an application U.O.9.R.7 of CPC, is not maintainable -..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Appeals filed in 2007 and are still pending - Accused in custody since 2005 - One of accused out of same FIR released on bail - Accused released on bail during pendency of appeals before High Court with conditions...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Suit for partition - No evidence to show that widow of `D' got remarried and lost her right in suit property - Widow is necessary and proper party to proceedings - Suit is bad for no, joinder of necessary party - More so, defect of no, joinder is fatal and cannot be cured by impleading them..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Sentence of other accused persons already suspended - Sentence of present accused also suspended on ground of parity...........
Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 52 -- Execution - Decree for specific performance - Objection by pendente lite transferee - Property sold during pendency of appeal, which is not permissible in view of bar created by doctrine of lis pendence and O.21.R.102 CPC - Pendente lite transferee thus, has no right and not..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for specific performance - Issue of readiness and willingness is dependent upon evidence on record and same cannot be a pure question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for specific performance - Whether time essence of contract, is an important question of law, as to decide upon question whether obligations undertaken by parties under contract are to be performed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for specific performance - Issue of readiness and willingness is dependent upon evidence on record and same cannot be a pure question of law...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, Civil Procedure Code, 1908, Order 41, Rule 22 -- Remand - Landlord tenant relationship - Decided in favour of plaintiff but suit dismissed - Appeal by plaintiff - Finding of relationship of landlord and tenant neither challenged by landlord nor by tenant by filing cross objections - Order of Appellate Court reversing said..........
