Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Delay - Appeal not accompanied by an application for condoning delay - Appeal cannot be rejected in a case where appeal is not accompanied by an application for condoning delay...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay - Cannot be claimed as a matter of right and only on genuine reasons, delay is to be condoned and not otherwise...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, permanent injunction and mandatory injunction - Concurrent findings of both the Courts below that defendant was in illegal possession of suit property based on report of Local commissioner qua which no objections were filed by defendants - No question of law much less substantial question of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court in exercise of its power u/s 100 CPC should not interfere in the findings of fact recorded by first Appellate Court which is final Court of fact or concurrent findings of fact unless same are based on no evidence or perverse...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law relating to limitation not framed - High Court could not have answered the question of limitation in favour of respondent (i) without framing any substantial question of law and (ii) without even a reference to Article 54 of Limitation Act...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Reduction of sentence - Incident occurred in 1998 and appeal against conviction is pending since 1999 - In the interest of justice, sentence awarded to accused reduced to minimum sentence of 7 years as prescribed u/s 304-B IPC with fine and default stipulation as awarded by Court below...........
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - Exercise of jurisdiction u/s 100 CPC r/w S.41 Punjab Courts Act - Though in view of S.41 of the Punjab Act, it is not necessary to frame a substantial question of law, jurisdiction of High Court under second appeal cannot be exercised for re-appreciation of evidence...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment or decree during pendency of appeal - Where judgment or decree injuncts either of parties before Court from performing any particular act, ordinarily, no stay of such an order can be sought as it would amount to placing the clock back and restoring status quo ante...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of a judgment and decree during pendency of appeal - An order which restraint dis-possession cannot, ordinarily, be stayed at an interlocutory stage in appeal...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment and decree during pendency of appeal - Stay of a judgment or decree is a concept unknown to law - What can be stayed is the operation or execution of a judgment or decree...........
