Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 379 -- Appeal against acquittal - Tree was cut and SHO was informed on same date and recovery memo shows that wood and tractor were taken into possession - No demarcation report has been obtained to know that from which area tree was cut - Wood taken in possession/sapurdari was not produced before..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Contentious issue particularly with regard to authenticity of Mutation entry and question as to whether there was a complete or partial redemption of mortgage property did raise substantial questions of law which required High Court to frame appropriate..........
Limitation Act, 1963, Section 5, Electricity Act, 2003, Section 135 -- Condonation of delay - Theft of electricity - Where appeal is not maintainable, question for allowing application for condonation of delay doesnot arise - Petition dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second Appeal - Appellant cannot be permitted to take up a point, which was not raised and dealt with by Courts below...........
Evidence Act, 1872, Section 114 -- Presumption of truth - Courts below have found that plaintiff has not been able to prove plea of fraud - Signatures and thumb impressions on sale deed are admitted - There is photograph of appellant on sale deed - Sale deed is a registered document and registered sale deed has presumption of truth - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 324, 307, 506, 149 -- Appeal against acquittal - Victim stated that mob came there with muffled faces and they caused injuries to him but due to darkness and muffled faces of assailants, he could not identify accused and also deposed that he knew all accused present in Court but none of..........
Constitution of India, 1950, Article 136 -- Special Leave to appeal by Supreme Court - Maintainability - SLP filed to set aside interim order passed by Bombay High Court - No reasonable ground found to set aside the same - Considering that transfer petition has been allowed - Applicant allowed to seek modification in said order in Transfer petition only...........
Criminal Procedure Code, 1973, Section 386(a), (b) -- Powers of appellate Court - Where appellate Court is not satisfied with impugned order passed by trial Court, it can deal with appeal in accordance with law - Remanding of case back to trial Court for deciding afresh is in contravention of provision of S.386 Cr.P.C...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Application U.O.39.R.2-A CPC - Forum to move an application - Court where main proceeding is pending deals with an application U.O.39.R.2-A CPC - Similarly, appellate Court (if the appeal suit is pending on its file) shall deal with an application alleging violation of injunction in respect of an interim order passed in..........
Electricity Act, 2003, Section 56 -- Electric connection - Arrears of previous owner - Purchase of property in auction on "as is where is" basis - Applicant in no way connected to the past owner and he has not undertaken to pay the past arrears of previous owner - Appeal against order that electric connection cannot be denied on the ground that arrears are not cleared by..........
