Criminal Procedure Code, 1973, Section 394(2), Indian Penal Code, 1860, Section 70 -- Abatement of appeal - If appeal abates it would have the effect of judgment and conviction and sentence thereunder passed by Trial Court being in force - So long as the sentence of fine is not set aside, right of State to realise the fine amount in the manner provided in S.70 of IPC would..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minor - Minor attained majority during pendency of suit - Held, if minor defendant who attained majority does not choose to come on record and contest the suit by himself, he must be deemed to have elected to abide by representation of guardian and judgment and decree eventually passed in suit would be binding..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Setting aside decree - While deciding an application U.O.37.R.4 CPC Trial Court does not sit as a Court of appeal over its own judgment and decree - Power envisaged by said provision of law is for setting aside the decree `under special circumstances' only...........
Civil Procedure Code, 1908, Section 10, Order 8, Rule 6A -- Counter-claim - For all intents and purposes must be understood as suit filed by one who is impleaded as defendant - `Counter-claim' is essentially filed to obstruct claim raised in suit - `Counter-claim' is tried jointly with suit filed by plaintiff and has same effect as cross-suit - For all intents and purposes..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Partition suit - Suit decreed in favour of plaintiffs by High Court holding that Will alleged by defendants in their favour to the exclusion of wife of testator is not true and valid - Defendant contended that suit wrongly decreed as wife of testator does not complain about not getting any property under Will and..........
Arbitration and Conciliation Act, 1996, Section 34 -- English Arbitration Act, S.3 - Judicial seat - Parties have consensually provided that arbitration agreement will be governed by English law - Parties understood that arbitration law of England would be applicable to arbitration agreement - Term `judicial seat' is specifically defined in S.3 of English Arbitration Act -..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Relief U.O.8.R.10 CPC is discretionary and Court has to be more cautious while exercising such power where defendant fails to file written statement - Even a Court must be satisfied that there is no fact which needs to be proved in spite of deemed admission by defendant and Court must give reasons for..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - No evidence as to why wife is living separately - Dismissal of application - Held, Court should have specifically asked wife by putting specific query as to why and under what circumstances she was living with her parents - Impugned judgment and order set aside - Matter remanded to proceed afresh...........
Civil Procedure Code, 1908, Order 12, Rule 6, Dissolution of Muslim Marriages Act, 1939, Section 4 -- Judgment on admission - Dissolution of marriage - Wife apostatizing from Islam - Plea of demurrer - Unambiguous admission as to factum of reconversion - Mechanical and bald denial could not be considered as valid denials as required U.O.8.R.5 CPC - Suit decreed by trial..........
Constitution of India, 1950, Article 141 -- Precedent - Law declared by Supreme Court - Departure from - Held, High Court can depart only in a situation where it finds that said judgment has been subsequently overruled, specifically or impliedly or it is per-incurium...........
