Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - High Court convicted accused in appeal against order of acquittal by trial Court - High Court has not analysed evidence and assumed certain facts, as if they have been proved and proceeded to unsettle judgment of acquittal - Approach of High Court held, erroneous to overturn judgment of acquittal -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court has no jurisdiction in second appeal to interfere with finding of fact given by first appellate Court based upon appreciation of relevant evidence...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Jurisdiction of High Court - In second appeal, High Court cannot correct the errors of law or erroneous findings recorded by first appellate Court vis-a-vis questions of law unless such question of law be a substantial one...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact even if insufficient or inadequate, cannot be interfered with in second appeal...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Dishonour of cheque - Acquittal - Appeal against - Dismissal of complaint for failure to prove that complaint is filed by duly authorised person of partnership firm - Placing on record partnership deed - Held, complainant ought be granted..........
Writ petition -- Challenge to order by a stranger - Not maintainable when order has attained finality inter se parties as no party to the writ petitions/writ appeal has questioned the legality and correctness of the impugned order - In case impugned order is questioned by any party to the writ petition/writ appeal by filing an appeal then perhaps the situation will be..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Suit for declaration of title and permanent injunction - High Court examined issue of ownership of plaintiff without framing any substantial question of law regarding same - It was necessary for High Court to have proceeded to examine issue relating to plaintiff's title..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Whenever a decree of trial Court is challenged by a competent appeal, appeal is considered as a continuation of suit and when appellate decree affirms, modifies or reverses decree on merits, trial Court decree is said in law to merge in appellate decree and it is appellate decree which rules - Period of..........
Probation of Offenders Act, 1958, Section 5 -- Compensation order - Appeal - No appeal lies against compensation order passed u/s 5 of the Act - Appeal dismissed being not maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 22, Limitation Act, 1963, Section 5 -- Appeal - Cross-objections - Limitation to file cross objections starts to run from date of service of notice of appeal - Cross-objections not filed within statutory period of 30 days after service of notice upon party - Even, despite there being an application for condonation of delay, same..........
