Civil Procedure Code, 1908, Section 96 -- Dismissal of appeal "as not pressed" - Right of appeal is a valuable right of a litigant - He is entitled to prosecute this right as it enables him to seek adjudication of issues on merits, which are subject matter of appeal by Appellate Court - Appellant can, however, forgo such right but it has to be done with express authority..........
Civil Procedure Code, 1908, Section 96 -- Dismissal of appeal "as not pressed" - Neither there was any express prayer made by appellant and nor it could be inferred from document relied on by Division Bench at the instance of respondents for forming an opinion "not to press the appeal" - Opinion formed by High Court for dismissing appeals "as not pressed" had no basis -..........
Constitution of India, 1950, Article 227, Succession Act, 1925, Section 383, 384 -- Succession certificate - Revision - Maintainability - Remedy u/art.227 of Constitution is extraordinary remedy and not a substitute for an appeal - There was clear transgression of jurisdiction to grant succession - Errors can be corrected in a petition u/art.227 of Constitution even if an..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Appeal against conviction - Conviction of accused based upon evidence of injured and diary statement recorded from deceased by I.O. - Even, statement of deceased strengthened by medical evidence of PW4 - Conviction of accused u/s 324 IPC based upon proper appreciation of oral evidence - Accused rightly..........
Stamp Act, 1899, Section 47A -- Deficient stamp duty and registration fee - Sale deed - Payment of stamp duty and registration fee required to be affixed in terms of Collector rates prevalent in area - Appellants evaded payment of requisite stamp duty and registration fee, which respondents-authorities are fully entitled to recover - Order of Commissioner to deposit..........
Family Courts Act, 1984, Section 19(1) -- Appeal - Maintainability - An order of family Court either allowing or dismissing an application for temporary injunction, is an interlocutory order - No appeal therefore, lie against such order in view of provision contained in S.19(1) of the Act...........
Hindu Marriage Act, 1955, Section 13B -- Decree of divorce by mutual consent - Plea of fraud taken by wife - Appeal - Maintainability - Wife contended that decree of divorce by mutual consent obtained by husband by playing fraud - It will be a question of law and fact to determine whether mutual decree of divorce had been obtained by playing fraud on Court - Wife is..........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Rejection of leave to appeal - Unreasoned order - Application for leave to appeal dismissed by High Court without assigning any reason - It was a clear case of no, application of mind, because impugned order neither sets out facts nor submission of parties nor findings and nor reasons as to why..........
Civil Procedure Code, 1908, Order 22, Rule 3, 10, Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Section 96 -- Dismissal of application U.O.22.R.3 CPC - Miscellaneous appeal against dismissal of an application U.O.22.R.3 CPC is not maintainable...........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Where an order has effect of bringing about a finality to rights of a party such an order is a decree and only an appeal would lie against said order...........
