Limitation Act, 1963, Section 5 -- Delay - Condonation - Different yardsticks to be applied while considering application to condone delay in filing an appeal and delay in filing application to set aside abatement...........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - Burden of proof - High Court in regular second appeal formulated substantial question of law that burden of proof lies on the plaintiff to prove his title. Held - Substantial question erroneously framed by High Court. Burden of proving perfection of title by way of adverse possession lies on defendant. Judgment..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Appellate Court to interfere only when there are compelling and substantial reasons for doing so - If the impugned judgment is clearly unreasonable and relevant and convincing materials have been unjustifiably eliminated in the process, it is a compelling reason for interference...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - In a given case where admissible evidence is ignored, a duty is cast upon appellate court to reappreciate evidence where accused has been acquitted, for the purpose of ascertaining as to whether any of the accused really committed any offence or not...........
Indian Penal Code, 1860, Section 304 Part II -- Conviction by trial Court - Acquittal by High Court - High Court found evidence of child witnesses unbelievable and evidence of PW1 at variance with that of PW2 - Evidence of PW1 was rightly discarded by High Court as version given in FIR varied from evidence given in Court - PW2 gave entirely different version - Conclusions..........
Arbitration and Conciliation Act, 1996, Section 34(2)(v) -- Arbitration award - Objections - Dismissed by Principal Civil Judge - Appeal dismissed by High Court - Plea of 'no arbitration clause' - Such plea not raised before arbitrator or in objections filed before Civil Judge - Appellant participated in arbitration proceedings and submitted itself to authority of..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, Punjab Land Record Manual -- Change of khasra girdawari - Pendency of Civil Suit - Effect - Agreement to sell - Suit for specific performance - Prayer for permanent injunction restraining defendant from interfering in peaceful possession and from alienating etc. - Status quo ordered - Application for correction of..........
Indian Penal Code, 1860, Section 304B, 498A, 306, Criminal Procedure Code, 1973, Section 386(b)(i) -- Charge u/s 498-A and 306 r/w S.34 IPC - Conviction u/s 304-B IPC - State did not prefer appeal - Appeal filed by accused against conviction u/s 304-B IPC - Held, accused cannot be held guilty of having committed the offence u/s 498-A or 306 IPC on the basis of evidence..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xiv) -- Appeal against conviction - Two factions in village - PW1 lost elections just two months prior to alleged incident - Except evidence of PW1 and his followers no independent evidence - Also contradictions in their testimonies - Due to factionalism there is scope to rope in..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Court fee - Restoration of plaint rejected U.O.7.R.11 CPC by exercise of inherent power - Held, Court can order restoration of suit by exercise of its inherent power when remedy of appeal is also available...........
