Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Suit property declared as plaintiffs Courtyard by Trial Court after carefully analyzing boundaries shown in two sale deeds - Lower Appellate Court reversed the findings of trial Court and has rendered opinion bereft of reference to documentary evidence, which trial Court..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4) -- Dishonour of cheque - Appeal against acquittal - Complainant in a case u/s 138 of N.I. Act is not entitled to file an appeal against acquittal according to provision of S.372 Cr.P.C rather he may prefer an appeal before High Court invoking provision of S.378(4) Cr.P.C...........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - S.372 Cr.P.C provides a victim right of preferring an appeal only in cases arising out of a Police report, limited remedy available to such a victim when trial Court acquitted accused, was to prefer a revision u/s 397 Cr.P.C which at best would only result in setting aside acquittal a consequential..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 11 -- Substitution of LRs - Legal Representative brought on record in an appeal filed against order refusing to grant temporary injunction - Such impleadment will enure towards the proceedings in the suit itself...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w), 3(2)(v) -- Quashing of FIR - Offence u/s 376AB IPC, Ss.4, 6 POCSO Act, Ss.3(1)(w), 3(2)(v) SC & ST Act - Liability - The..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Temporary injunction - Scope of appeal U.O.43.R.1 CPC - Order granting or refusing injunction is within sole discretion of Court of first instance and appellate Court should not interfere in discretion exercised by Court of first instance unless it is shown that discretion..........
Commercial Courts Act, 2015, Section 3, 10, Arbitration and Conciliation Act, 1996, Section 2(1)(e) -- Commercial Courts - Conferring jurisdiction upon Court of Civil Judge (Senior Division) as Commercial Court to decide applications or appeal arising out of arbitration under the provisions of Act of 1996 - Not illegal or bad in law - Same can be said to be absolutely in..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Rejection of plaint - Dismissal of application - Civil Misc. Appeal U.O.43.R.1(u) CPC is not maintainable thereagainst...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery on basis of pronote - Whether plaintiff has proved execution of pronote and receipt by leading cogent evidence, can be said to be a question of fact - It cannot be said to be question of law much less substantial question of law - High Court thus, committed a serious error in upsetting concurrent..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - In appeal accused sought summoning of bank details to prove capacity of complainant to advance a huge amount and to get FSL of disputed cheque - Once accused admitted signature on disputed cheque then he cannot raise objection regarding handwriting on disputed..........
