Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Merely because appellate Court, on re-appreciation and re-evaluation of evidence is inclined to take a different view, interference with judgment of acquittal is not justified...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent/provisional rent - Right to appeal against provisional rent is duly available but payment of provisional rent is almost a prerequisite to safe guard against eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent/provisional rent - It is evident that there is a stubbornness and unwillingness on part of tenant not to deposit provisional rent and to comply with the order passed by Rent Controller - Tenant having failed to deposit provisional rent as assessed, he cannot be protected..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Suit for declaration of title - Concurrent findings of two Courts below dismissing suit of plaintiff - Entire evidences discussed and said findings are supported by reasons and further points have also been framed by both Courts below - There is thus, substantial compliance with provisions of O.41.R.31 CPC -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 222 days in filing the appeal - Plea of appellant that due to poverty she could not arrange for fee to engage counsel - Ex facie explanation sought to be tendered lacks bonfides as applicant being fully conscious of her rights and/or for redressal of her grievance had engaged a counsel and filed present..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Matter compromised in Lok Adalat during pendency of appeal - Cheque, issued in pursuance of such compromise, dishonoured - Complaint filed u/s 138 of the Act - Settlement of matter in Lok Adalat was in acknowledgment of liability of accused to complainant - Dishonour of cheque gave raise to..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Merely because Appellate Court on re-appreciation and re-evaluation of evidence is inclined to take a different view, interference with judgment of acquittal is not justified - If view taken by trial Court is possible view, even if two views are equally balanced, it need not result in interference by..........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Award - Objections - Arbitral Tribunal is the master of evidence and the findings of fact which are arrived at by arbitrators on the basis of the evidence on record are not to be scrutinized as if the Court was sitting in appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Mere fact that certain evidence is important is not in itself a sufficient ground for admitting that evidence in appeal...........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - While considering order against acquittal, Appellate Court should not interfere where view taken by trial Court is not unreasonable or perverse...........
