Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - To produce original Will, primary evidence - Appellate Court to permit production of any document, which would help Court to pronounce judgment or for any other substantial cause - Such power is to advance the cause of justice - First Appellate Court erred in refusing to allow..........
Civil Procedure Code, 1908, Section 100, Order 23, Rule 3 -- Compromise - During pendency of second appeal - Parties entered into compromise and a joint memorandum of compromise duly signed by parties is filed - Second appeal disposed of in terms of compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 10 -- Compromise - During pendency of second appeal - A party who acquired interest pendente lite, cannot prevent parties from reaching settlement between them and impleading application on behalf of such party need not be entertained, particularly when no such application was filed..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Court of appeal should not pass an order of remand in a routine manner - Order of remand should be passed in exceptional cases where it is not possible for Appellate Court to decide the dispute between parties on merit on available evidence on record...........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 20, Rule 5 -- Remand - Remand of suit for fresh trial because of the fact that issues were not separately dealt with - Appellate Court cannot shirk its duties to dispose of appeal on merit - Order of remand should be passed in exceptional cases where it is not possible for Appellate Court to..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Mere filing of appeal cannot and does not term as stay of further proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 35, 97 -- Execution - Warrant of possession - By breaking open the locks with police assistance - Time for execution of warrant was till 21.03.2020 - However, bailiff on 24.02.2020 broke open the locks without police assistance - Bailiff acted in due haste, possibly apprehending that an interim order may be passed by Court in a..........
Negotiable Instruments Act, 1881, Section 148(1), 138 -- Dishonour of cheque - Appeal against conviction - Deposit of minimum of 20% of fine amount or compensation - Provision of S.148(1) of the Act is mandatory - Non exercise of such power can only be under very exceptional circumstances...........
Negotiable Instruments Act, 1881, Section 148(1), 138 -- Dishonour of cheque - Appeal against conviction - Deposit of minimum of 20% of fine amount or compensation - Such deposit is to be made within sixty days - Order to deposit for a period lesser than sixty days is illegal - It is mandatory for appellate Court to grant period of sixty days to accused to company with an..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea of nullity of marriage - Re-marriage performed during pendency of appeal filed against decree of divorce - However, in the instant case re-marriage is not nullity as appeal from decree of divorce was filed after expiry of limitation to file appeal - Marriage contracted during pendency of an appeal from a..........
