Criminal Procedure Code, 1973, Section 401, 378, Indian Penal Code, 1860, Section 323, 447, 147 -- Conversion of revision petition into appeal - Leave to appeal - Offence u/ss 323, 447, 147 IPC - Conversion of revision petition into appeal is legally permissible - However, in appropriate cases, that too at very threshold and not at a belated stage - Application to convert..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint against `A' & `B' - `A' acquitted but `B' convicted - Acquittal of `A' attained finality as no appeal was filed by complainant - In appeal filed by `B' judgment passed by trial Court set aside and direction issued that after `B' and complainant appear before trial Court it shall pass a fresh..........
Consumer Protection Act, 1986, Section 12 -- Deficiency in service - Allotment of flat - Delay in handing over flat - Damages - Reckoning date - Complainants tried to execute agreement and sought for conveyance of property through National Consumer Commission - Even in first appeal, offers were being made on behalf of appellants to convey alternative properties, which were..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Previous suit for specific performance and permanent injunction - Suit dismissed and appeal thereagainst pending - Subsequent suit for injunction on basis of same agreement to sell is barred by res judicata - Plaint rejected being barred by res judicata...........
Agreement to sell -- Specific performance - Refund of earnest money with interest @ 18% - Plaintiff guilty of breach of contract and also found speculating in litigation by failing to prove his financial capacity - Such high rates of interest ordinarily ought not to be granted in favour of the guilty party to a contract - However, grant of interest not interfered since no..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power of review is not to be confused with appellate power - Review petition/application cannot be decided like a regular intra Court appeal, as scope of appeal is much wider than review petition...........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 31 -- Review and appeal - Land acquisition proceedings - Division Bench allowed State's appeal and in consequence dismissed writ petition and upheld the acquisition proceedings as legal and proper that too without dealing with any of issues raised by parties in writ petition and..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16, 22(2) -- Eviction order - Writ petition thereagainst - Held, writ petition is maintainable as order of eviction is passed by District Magistrate, acting in pursuance of his powers conferred under Action Plan as no appeal u/s 16 is available which could have been filed against order of District..........
Limitation Act, 1963, Section 5 -- Delay of 554 days in filing appeal against order dismissing application U.O.9.R.13 CPC - Cause pleaded prolonged illness during period in question - Medical documents in support of factum of illness also filed - Appellant an old man in his late sixties and did suffer heart disease during the relevant period and later he was down with..........
Civil Procedure Code, 1908, Section 104, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Dismissal of application U.O.39.R.2-A CPC - Appeal against - Not maintainable...........
