All India Services (Discipline and Appeal) Rules, 1969, Rule 3(2) -- Suspension - Respondent being a member of Police Service charged u/ss 3, 4 of Prize Chits and Money Circulation Scheme and S.420 IPC - He has been under suspension for more than 6 years - Bail was granted to respondent and there is no case that he attempted to tamper the evidence - Moreover, suspension..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Plea that wife refused to cohabit with husband and frequently visit her parental house without information - Period of frequent visits not specifically stated by husband - Wife not only having marital relationship with husband but also conceived pregnancy twice and gave birth to a child - Suit filed after one year..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition and separate possession - New plea raised u/s 14 of Hindu Succession Act, 1956 by plaintiff that mother is full-fledged owner of suit property - It is mixed question of law and fact - Such issues cannot be allowed to be raised for first time in second appeal - Appeal dismissed...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Suit for recovery of money - Suit partly decreed by trial Court in favour of plaintiff - - Appellant challenged estimate and technical report - First Appellant Court without giving any reason affirmed judgment and decree of trial Court - First Appellant Court being final Court of facts has to apply his mind before..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Appeal against conviction - Compromise during pendency of appeal - Complainant received the entire cheque amount - Compounding of offence allowed - Conviction and sentence set aside...........
Civil Procedure Code, 1908, Section 96(4) -- Appeal - Recovery suit - No question of law arises for consideration - It is only an appeal u/s 96(1) CPC which lies...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Mere fact that on re-appreciation of evidence, appellate Court is inclined to arrive at a conclusion which is at variance with trial Court, same cannot be reason for interference with order of acquittal...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Partition suit - No dispute regarding possession over plot in question - Application filed just for purpose of delaying proceedings of appeal - No infirmity found in impugned order of rejecting application for appointment of local commissioner...........
Constitution of India, 1950, Article 227 -- Supervisory jurisdiction of High Court - Scope - Jurisdiction of High Court is confined only to see jurisdictional error of inferior court or tribunal and not to function as "Court of Appeal."..........
Civil Procedure Code, 1908, Order 41, Rule 27, 23A, 25 -- Additional evidence at appellate stage - Additional evidence taken into consideration while deciding appeal without affording opportunity to opposite party to file rebuttal evidence to counter additional evidence - Appellate Court could have set aside judgment and remanded case to trial Court to enable parties to..........
