Indian Penal Code, 1860, Section 498A, 306, Criminal Procedure Code, 1973, Section 31 - - Cruelty - Abetment of suicide - Concurrent sentence - Accused convicted u/s 498-A IPC and sentenced to 2 years and u/s 306 IPC for 7 years R.I - Considering facts of case sentences to run concurrently...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a suit - Opposite party a practicing lawyer - Not a ground to transfer suit when there is no concurrent reason that said person in any manner may influence the proceedings of the matter - Transfer of suit not allowed as transfer of a case from one Court to another indirectly casts doubt on the competence and integrity..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13, 7 -- Ex parte decree - Appeal there against - Appellate Court committed no error by refusing to examine the validity of ex-parte order but examined the validity of judgment passed by Trial Court - Concurrent findings of Courts below rightly found to be in favour of plaintiff - First Appellate Court having heard the..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent sentences - Offence u/s 379 IPC - Petitioner a habitual offender and convicted in several cases of similar nature and while in jail, committed another crime and did not try to reform himself and he once tried to escape from the custody but was successfully prevented by escort police officials - Accused was not..........
Indian Penal Code, 1860, Section 323, 452, 506, Criminal Procedure Code, 1973, Section 401 -- Offence u/ss 323, 452 & 506 IPC - Revision against acquittal - Where both the Courts below appreciated evidence in right perspective and recorded concurrent findings of fact that evidence of prosecution on record does not prove the charge and correctly acquitted the accused, such..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - There is no legal impediment in filing appeal against ex-parte decree after filing application for setting aside ex-parte decree - Though remedies are concurrent but their scope is entirely different - The two remedies provided against ex-parte decree are in respect of two different..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High court cannot be precluded from reversing the order and judgment of lower appellate court if there is perversity in decision due to mis-appreciation of evidence - Even if both trial court and lower appellate court have given concurrent findings, there is no absolute ban on High Court in second appeal to..........
Criminal Procedure Code, 1973, Section 372, 378 -- Appeal against acquittal - Session Court and High Court does not have concurrent jurisdiction to entertain an appeal against acquittal by victim in a complaint case...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 7, 13(2), Criminal Procedure Code, 1973, Section 306, 460 -- Corruption case - Grant of pardon to accused - Held, both Magistrate as well as Special Judge has concurrent jurisdiction in granting pardon u/s 306 Cr.P.C. while investigation is going on - But, where Magistrate has exercised his jurisdiction u/s 306 Cr.P.C.,..........
Civil Procedure Code, 1908, Section 100 -- Second Appeal - Scope - Even erroneous findings of fact when based on evidence, cannot be interfered with in second appeal - No material evidence is ignored by court, only irrelevant documents are not considered - No interference in concurrent findings of fact of both the courts below - Appeal dismissed...........