Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Restraining defendant from interfering in his sehan (appurtenant of land) land - Plaintiff failed to establish that suit property is his sehan land - Both the Courts below disbelieve the testimony of PW2 and statement regarding suit property and facts regarding possession was not..........
Criminal Procedure Code, 1973, Section 401 -- Revision - When findings of facts recorded by Courts below are not supportable on evidence on record, revisional Court would be justified for conducting an independent reassessment of evidence and to supplant conclusion of his own - If there is any manifest illegality, perversity and miscarriage of justicy, High Court in..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent and mandatory injunction - Plaintiff claimed his right and title over suit property on the basis of sale deed executed in his favour - Defendant on the other hand himself admitted that no ownership was transferred in his favour - Neither name of defendant was shown in revenue records nor any case..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Discretion of Court - However, such discretion be exercised by Court on sound judicial principles and not in a mechanical manner - Whether or not discretion is to be exercised in directing sentences to run concurrently would depend upon nature of offence/offences and facts and circumstances of..........
Criminal Procedure Code, 1973, Section 427, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 27(b)(ii), Drugs and Cosmetics Act, 1940, Section 28 -- Concurrent running of sentences - Offence u/ss 22, 27(b)(ii) of NDPS Act and S.28 of D&C Act - Accused was earlier convicted u/s 22 of NDPS Act and subsequently convicted u/s 27(b)(ii) NDPS Act and S.28 of D&C..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot set aside concurrent finding of fact given by Courts below unless a substantial question of law is raised...........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 420, 406, 120B -- Concurrent running of sentences - Petitioner sentenced in six cases - If an order with regard to concurrent execution of sentence is not passed, petitioner will have to languish behind bar for about 18 years - Keeping in view charges proved against accused, it is not proper to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonor of two cheques - Conviction - Concurrent running of sentences - Two complaints filed in respect of two loans advanced in the course of a series of transactions on the same terms and conditions - Both the complaints tried together and same sentences awarded in both the..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Law as to : (i) Concurrent and co-extensive jurisdiction conferred both upon High Court and Court of Session to cancel bail already granted to an accused; (ii) Aggrieved person can approach High Court for cancellation of bail already granted to an accused despite his application for the same relief..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact by trial Court and first Appellate Court considering evidence led by both the parties - Finding not perverse - Cannot be interfered with in second appeal...........
