Criminal Procedure Code, 1973, Section 372 -- (prior to amendment) - Appeal against acquittal - Appeal filed after 14 years of judgment of acquittal and even after 7 years of amendment having been enforced - Prior to amendment in S.372 Cr.P.C, only State Government could have filed appeal that too along with an application for granting leave to appeal - Appeal not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for declaration that both registered Wills be declared as null and void - Plaintiff seeking temporary injunction restraining defendant from alienating and transferring suit property during pendency of suit - Appeal against dismissal of application - Restraint order need to be passed in view of..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 -- Eviction - Execution proceedings - In view of conduct and attitude of revision petitioners, Court has not only found that petitions are devoid of merits, but also is satisfied that revision petitioners have vexatiously filed successive applications one after another to stall execution proceedings - Moreover, fact..........
Hindu Marriage Act, 1955, Section 15, Family Courts Act, 1984, Section 19 -- Decree of divorce - Second marriage by husband during pendency of appeal - Husband failed to establish that appeal was not filed within period stipulated in S.19 of Family Courts Act or that appeal was not presented during period of S.15 of Hindu Marriage Act within time - Second marriage relied..........
Family Courts Act, 1984, Section 21, Family Courts (Procedure) Rules, 1996, Rule 52 -- Appeal - Appeal cannot be maintained within 30 days in the absence of a certified copy...........
Arbitration -- Award - Jurisdiction - Enhancement of the lease rent - Where a contractual provision is ambiguous or is capable of being interpreted in more ways than one, the Court cannot interfere with the arbitral award - Thus, Arbitral Tribunal, or for that matter, the Court cannot alter the terms and conditions of a valid contract executed between the parties with..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - High Court declined prayer and observation given that accused shall not approach Court "before a minimum period of three years from the date of conviction" - Held, seeking relief of suspension of execution of sentence and to be released on bail is statutory right of accused -..........
Constitution of India, 1950, Article 136 -- Appeal - Maintainability - Supreme Court while disposing of SLP had granted a liberty to appellant to go back to High Court and had disposed of SLP without expressing any opinion on merits - Appellant availed the liberty granted by Supreme Court and approached High Court by filing a review petition - However, said review petition..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of appeal - Non-substitution of LRs of plaintiff - Eviction suit - Not arraying/substituting all LRs of plaintiff would not lead to abatement of appeal as a whole, particularly where each of plaintiffs have an independent severable right to claim eviction of defendants...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Non-substitution of LRs of defendant no.2 - Eviction suit - No relief sought against defendant no.2 in suit and defendant no.2 also did not file any counter claim - Further claim made by defendant no.2 has been negated by all Courts including Supreme Court - Failure to implead LRs of defendant no.2..........
