Civil Procedure Code, 1908, Section 152 -- Correction of decree - Decree passed in suit for partition and separate possession - Correction sought in the decree is not merely a clerical mistake or an error on the basis of an accidental slip or omission - Certainly it goes to merits of case - More so, very issue which touches upon extent of decree passed has been decided in..........
Civil Procedure Code, 1908, Section 96, 151, Order 23, Rule 3A -- Compromise decree - Setting aside - Order passed by Civil Judge, Senior Division, for all purposes would be understood rendered by District Judge - Against order passed by him no appeal lies u/s 96 CPC before District Judge...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Enhancement of - Value of pomegranate trees - Supreme Court fixed compensation @ Rs.3000 per pomegranate tree in another appeal, as against Rs.2000 as fixed by High Court in respect of acquisition for same project - It would be just, reasonable and proper to fix compensation @ Rs.3000 per..........
Limitation Act, 1963, Section 12 -- Appeal - Limitation - Time spent for obtaining subsequent copies of judgment whether relevant - Computation of limitation is confined to copy produced with appeal and no further enquiry is required to be made by Court...........
Criminal Procedure Code, 1973, Section 325 -- Reference by Magistrate to CJM - Appeal against - Maintainability - No appeal would be maintainable against opinion or finding of referral Magistrate regarding guilt of accused and it is only after the CJM, in exercise of powers u/s 325 Cr.P.C., sentences accused that an appeal would be maintainable...........
Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 173(8), Haryana Civil Services (Punishment and Appeal) Rules, 1987, Rule 8, Haryana Panchayati Raj Act, 1994, Section 53, Constitution of India, 1950, Article 243 -- Misappropriation of funds - Disciplinary proceedings - Interpretation of `misconduct' committed by Sarpanch or a Panch is to be seen..........
Partition -- Settlement between parties - Tehsildar accordingly forwarded report and made an equitable distribution of property by demarcating it in metes and bounds - Appeal disposed of in terms of report submitted by Tehsildar and same shall form part of the decree...........
Criminal Procedure Code, 1973, Section 125, 397, 482 -- Revision - Order rejecting or allowing an application for maintenance u/s 125 Cr.P.C is not an interlocutory order which adjudicates rights of parties to some extent - Revision against said order is maintainable u/s 397 Cr.P.C - Application u/s 482 Cr.P.C against such order thus, not maintainable, as powers of High..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 16 -- Appeal - Right of appeal under the Act is limited to senior citizen or parents or guardians only, as they can be treated as aggrieved persons - Appeal filed by son, daughter, daughter-in-law, grandson, grand daughter against whom order is passed by Tribunal is not maintainable...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Neither FIR nor charge sheet mention the name of appellants - Complainant mentioned the names of appellant for first time in High Court that too without any substantive evidence - Impugned order of High Court to summon additional accused, not justified, hence set aside - Appeal allowed...........
