Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing first appeal - There should be liberal exercise of discretion to condone delay, once explanation comes within what the law understands as `sufficient cause'...........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - Broad propositions are : These are (a) balance of convenience or inconvenience to the plaintiff or the defendant or witnesses; (b) convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; (c) issues raised by the parties; (d)..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 201, 149, 120B -- Bail during pendency of appeal - Appeal against conviction - Murder case - High Court while granting bail to accused not at all appreciated and considered the fact that trial Court on appreciation of evidence convicted accused - There is total lack of clarity on submissions,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff admitted that Government is owner of roof of shop in dispute and he has no right to make alteration/changes thereon - He neither produced allotment letter of suit shop in favour of his predecessor-in-title nor produced his registered sale deed - Since, plaintiff failed to..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Grounds raised by petitioner have been considered and noticed by Court while passing order under review - Entire endeavour of petitioner is to seek re-hearing of appeal on merits which cannot be permitted - Review can be entertained only if there is an error apparent on face of the record - Application..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent finding of fact that plaintiff was in possession of suit property on the date of suit is not open to challenge in second appeal even if appreciation of evidence is wrong and finding of fact is incorrect...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Question of law for consideration will not arise in abstract but in all cases will emerge from facts peculiar to that case and there cannot be strait jacket formula...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Divergent findings on fact - When divergent findings on fact were available before High Court in an appeal u/s 100 CPC though reappreciation of evidence was not permissible, except when it is perverse, but it was certainly open for High Court to take note of case pleaded, evidence tendered, as also findings..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Merely because High Court refers to certain factual aspects in the case to raise and conduct on question of law, same does not mean that factual aspect and evidence has been reappreciated...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Divergent findings on fact - Suit for permanent injunction - Plaintiff except contending that suit property was being enjoyed for past 40 years by paying kist has not in fact referred to manner in which such right had accrued so as to suggest or indicate unassailable right to be in physical possession - He himself..........
