Criminal Procedure Code, 1973, Section 30, 31, Rule 242(1) -- Tamil Nadu Prison Manual, Vol.II, Concurrent running of default sentence - Held, u/s 31 of Cr.P.C., if a person is convicted and sentenced for several punishments such punishment commences one after the other unless the court directs such punishment shall run concurrently - There is no prohibition for the court..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - Interference with - Concurrent findings of fact given by both Courts below that respondent-original plaintiff has easementary right of way of 13.6 feet between the house of appellant-original defendant and the house of respondent-original plaintiff - Finding given by both Courts below..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding of both Courts below that plaintiffs are entitled for 2/3rd share in the disputed property - In plaint the extent mentioned either as 2.25 acres or 3.25 acres is immaterial in view of the fact that defendant himself has pleaded they have purchased 1/3rd share in the disputed property - Both..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Specific performance - Agreement to sell - Defendant agreed to sell suit property to plaintiff for total consideration of Rs.73,000/- and received entire sale price and executed agreement - Actual possession of suit property also delivered to plaintiff at the time of agreement - Execution of impugned agreement duly..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427, 482 -- Dishonour of cheque - Conviction on the complaint of different complainants - Offence not committed during course of same transaction - Consecutive sentence - Accused is a lady and she is in jail since more than 8 months - When a given transaction constitutes two enactments it..........
Civil Procedure Code, 1908, Order 6, Rule 2, Civil Procedure Code 1908, Section 100 -- Second appeal - Concurrent finding of fact - Finding not shown to be perverse or illegal nor it is based on misreading or mis-appreciation of evidence - Held, finding does not warrant interference in second appeal - Even on re-appreciation of evidence it is the only reasonable finding..........
Civil Procedure Code, 1908, Section 100, Punjab Land Revenue Act, 1887, Section 111 -- Private partition - Concurrent finding of fact - Second appeal - Concurrent finding of fact recorded by both Courts below rejected plea of plaintiff regarding private partition - Said finding of fact is based on proper analysis and appreciation of evidence led by both parties - Held,..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Three theft cases - Three separate convictions - Held, sentences allowed to run concurrently...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding - Both Courts below have come to concurrent finding that plaintiff failed to establish his right, title and possession over the suit land - Courts below further held that there are cogent weighty evidences on the record to establish defendants right, title and continuous possession over the suit..........
Civil Procedure Code, 1908, Section 100 -- Concurrent findings of fact - Interference with - Second appeal - Finding of both the Courts below as to the possession of plaintiff in respect of plaint schedule property is based on evidence and reasoning and they cannot be said to be perverse - Held, this Court while dealing with the Second Appeal u/s 100 CPC will not interfere..........