Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Appeal against acquittal - No cogent and credible evidence to prove that the provisions of Section 50 of the Act had been complied with, and the alleged opium was recovered from the respondent - The prosecution failed to rule out the possibility of the sealed sample parcel not having been tampered with by..........
Criminal Procedure Code, 1973, Section 378 -- Appeal from acquittal - To be judged by a standard different from that applicable to those against conviction - Initial presumption of innocence is strengthened by acquittal from the trial court - The court of appeal will interfere only if it is proved, without any doubt not only that the accused person is guilty but that he..........
Land Acquisition Act, 1894, Section 6 -- Explanation I - Quashing of notification u/s 6 of the Act on ground that it was issued beyond one year from the date of publication of Section 4 notification - Appeal - Section 4 notification was 27th May, 1993 and Section 6 notification was 8th June, 1994 - Respondents had challenged Section 4 notification before High Court -..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment in a suit between co-owners based on family settlement - Applicant a purchaser from one of the co-owners after judgment and decree passed by First Appellate Court but before filing of Regular Second Appeal - Basic questions involved in the suit family settlement and its effect, joint possession of co-owners and..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in appeal to produce documents and pleadings of parties in another suit with regard to same property and order of withdrawal passed by Court - Documents in question never available to applicant during pendency of suit and could not have been produced in spite of diligence - Applicant cannot be faulted on..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 9 -- Absence of personal service of notice upon respondent as he was undergoing imprisonment in Jail - Appellate Authority before deciding appeal ensured that adult male member of family of respondent served with the notice - Plea that order of Appellate Authority void ab initio due to..........
Appeal -- Non-joinder of party - Suit against Corporation - Appeal filed by Corporation - Functionaries of Corporation (joined as defendants in suit) - Not necessary party for adjudication of appeal filed by Corporation - Appellate Court can call upon Corporation to implead particular defendant as respondent if said defendant considered necessary party in appeal - Suit..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at the appellate stage - Appeal is continuation of suit - Permission to withdraw suit has to be granted...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal in appeal of suit already decreed - Permission to withdraw the suit (when plaintiff not seeking permission of Court to file a fresh suit) has to be granted in terms of Order 23 Rule 1 as appeal is continuation of the original proceedings...........
Civil Procedure Code, Section 47,38 -- Order 21 - Rate of interest awarded by competent Court - Not within jurisdiction of Executing Court to hold whether same correct or not - Mortgage suit based on specific contract between the parties, Court passed decree granting interest @ 12.5% per annum and said decree became final and binding between the parties - Objection by..........
