Criminal Procedure Code, 1973, Section 427(2) -- Life imprisonments - Concurrent running of sentences - Petitioner has been sentenced to undergo two life imprisonments in two different cases by two different trial Courts - Held, petitioner will be entitled to benefits of S.427(2) Cr.P.C. and two life sentences suffered by him will have to run concurrently in terms of..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Object - To prevent Courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of same cause of action/matter in issue so as to avoid possibility of contradictory verdicts by two courts in respect of same relief...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact is not to be disturbed by High Court u/s.100 CPC when no substantial question is involved - Concurrent finding of facts recorded by Courts below do not warrant interference in second appeal in routine manner...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Object - Principle of res judicata, envisages that a judgment of a court of concurrent jurisdiction directly a point would create a bar as regards a plea, between the same parties in some other suit in another court, where the said plea is sought to be raised afresh on the same very point that was determined in the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 15 cases - Concurrent running of sentence - Three different corporate entities - Sentence in cases dishonour of cheques relating to single loan transaction shall run concurrently - However, this concession is not applicable when borrowing company..........
Criminal Procedure Code, 1973, Section 31, 427 -- Consecutive and concurrent sentence - Offence u/ss. 302 & 449 IPC - When sentence of life imprisonment is imposed, sentence u/s 449 IPC cannot be postponed on the ground that there is likelihood of sentence u/s 302 IPC being commuted at a future point of time - Principles of S.427 Cr.P.C. can be applied to cases where..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact recorded by both Courts below as per statement of witnesses P.W. 1 and P.W. 2 is that they themselves had admitted the possession of defendant-respondent over disputed property - Both Courts below have come to the conclusion that plaintiff had failed to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent judgments of Court below - Appeal not pressed - Counsel for appellants-defendants submits that since possession of suit shop has been handed over to respondents-plaintiffs-landlord and he, therefore, does not want to press this second appeal on merits - Counsel for respondents-plaintiff also does not..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Order of Court when necessary? - Held, if a person is already undergoing a sentence of imprisonment for life, his subsequent conviction to imprisonment, which may be for any term or for imprisonment for life, shall have to run concurrently with the previous sentence for which Court's order is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of Cheque - Conviction - Validity - Cheque issued by petitioner to opposite party for discharging liability was returned by Bank with remarks "stop payment" - Contention of petitioner that she is neither concerned with any business of her husband nor has accepted any..........