Civil Procedure Code, 1908, Section 100 -- Second appeal - Plaintiff filed suit challenging sale deed of ancestral property on the grounds that the parties were governed by custom and as per custom vendor had only a life estate and could not sell the property without legal necessity - Suit dismissed on the ground that there was no documentary evidence in support of the..........
Constitution of India, 1950, Article 136 -- Judgment of conviction - Appeal under Art.136 - Scope of power - Power is very wide - Supreme Court can reappraise evidence and set aside concurrent finding of fact - Appreciation of evidence is resorted to in exceptional circumstances when finding of High Court finding is without consideration of relevant material or..........
Constitution of India, 1950, Article 145, 136 -- Curative writ petition - 8 accused in murder case acquitted by the High Court - State went in appeal against four accused only - Supreme Court convicted all the eight including four which were left out by the state while filing appeal - Held, there is serious violation of principles of natural justice as nobody can be..........
Indian Penal Code, 1860, Section 304 Part II, Criminal Procedure Code, 1973, Section 378(1) -- Appeal against acquittal - Murder case - Accused acquitted by trial court - High Court convicting accused u/s 304 Part-II IPC - Held, court exercising appellate power must not only consider question of law but also questions of facts - Judgment of conviction rendered by the High..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Death of respondent during pendency of appeal - Non impleadment of L.R's - Abatement of appeal - Setting aside abatement - Where a respondent dies during the pendency of appeal, at a time when appeal has been pending for several years without being listed for hearing, the Court should take a lenient view in considering the..........
Criminal Procedure Code, 1973, Section 389, 357(3) -- Suspension of sentence and suspension of payment of compensation during pendency of appeal - Held, it is the discretion of the appellate court whether to suspend order of payment of compensation or not, but discretion is to be exercised carefully, cautiously and judiciously...........
Civil Procedure Code, 1908, Order 41, Rule 1, 2 -- Memorandum of appeal - Cannot be said to be pleadings as envisaged U.O.6.R.1 CPC which pertains to pleading and according to which pleading would mean plaint or written statement...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence during pendency of appeal - Deposit of 50% of the fine amount - Not mandatory - Prayer of complainant for direction to accused to deposit 50% of fine amount for suspension of sentence during pendency of appeal declined - Nothing illegal - Warrants no..........
Limitation Act, 1963, Section 1, 5 -- Law of limitation is based on public policy - Object is to ensure that parties do not resort to dilatory tactics and should seek remedy without delay - Courts should adopt liberal approach in condoning delay of shorter duration and a stricter approach when delay is inordinate - Appeal filed after a delay of more than 4 years - High..........
Consumer Protection Act, 1986, Section 2(1) -- Consumer - Residential plot - Auction purchase - Plots in question purchased by complainant in open auction - Complainant cannot be treated as 'Consumer' and hence complaint no maintainable before the Consumer Fora - Appeal liable to be dismissed with liberty to the complainant to approach appropriate Forum for redressal of..........