Practice and Procedure -- Once trial Court has expressed a view, particularly when trial Court has had the benefit of evidence unfolding before it, unless there is overwhelming material to contrary, the appellate Court would scarcely disturb a factual finding...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 439 -- Dishonour of cheque - Conviction - Appellate Court suspended sentence during pendency of appeal - Failure to appear before appellate Court on the date fixed due to illness - Having regard to fats and circumstances of the case, bail granted...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While granting anticipatory bail Court has to keep in mind the following factors : viz. (a) When a person complains of apprehension of arrest and approaches for order, application should be based on concrete facts (and not vague or general allegations) relatable to one or other specific offence; (b) It is..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Non-framing of an issue with regard to validity of Will - Where trial Court as well as first Appellate Court has discussed entire evidence led by defendants in order to prove Will in question and have devoted major part of their discussion on this aspect, merely because Courts did not frame proper issue with regard..........
Constitution of India, 1950, Article 226, Insolvency and Bankruptcy Code, 2016, Section 32, 61, Companies Act, 2013, Section 419, National Company Law Appellate Tribunal Rules, 2016, Rule 150 -- Writ - Maintainability - Disputed questions of fact - Petitioners have alternate and equally efficacious remedy of filing appeal to NCLAT and in that appeal, it can raise all..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Trial Court directed to get correct map prepared and thereafter dispose of issues but First Appellate Court neither set aside judgment nor directed trial Court to return findings and reasons therefor - Further, first Appellate Court instead of fixing any time has disposed of appeal which could not have been done by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where additional evidence sought to be adduced removes cloud of doubt over case and evidence has a direct and important bearing on main issue in the suit and interest of justice clearly render it imperative that it may be allowed to be permitted on record, such application may be..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Stage for appellate Court has not reached to form an opinion whether document sought is an essential document for arriving at a just decision in the case or not - Appellate Court was required to consider this aspect of matter before coming to conclusion as to whether application filed..........
West Bengal Premises Tenancy act, 1956, Section 17(2), Civil Procedure Code, 1908, Order 41, Rule 23A -- Eviction petition - Remand of case - First appellate Court did not even discuss evidence on record - Even, first appellate Court did not care to turn to pages of depositions and documentary evidence on record while disposing of appeal mechanically - Moreover, evidence..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction against one of branches of forefathers of plaintiff - Pedigree relied by plaintiffs was not correct - Plaintiffs failed to prove ownership over suit property - Specific issues were framed by trial Court which were answered against plaintiff and even appellate Court also independently arrived..........
