Criminal Procedure Code, 1973, Section 378 -- No perversity or infirmity in judgment of trial Court - High Court rightly dismissed the appeal...........
Civil Procedure Code, 1908, Section 13 -- Foreign judgments - Enforceability of - Test to be applied in determining as to whether a foreign judgment is enforceable or not whether the conclusions in the judgment are supported by evidence or are otherwise correct, because binding character of judgment can be displaced only by establishing that case falls within one or more..........
Civil Procedure Code, 1908, Section 11 -- Ex parte decree - Res judicata - Applicability of - Held, it is a well settled principle of law that even an ex parte judgment can operate as res judicata because an ex parte decree is a decree on merits...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Ad interim injunction - Violation - Recording of common evidence in main suit and application U.O.39.R.2-A CPC and delivering common judgment is improper...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Exparte decree - Appeal by a person not a party to the suit - Only aggrieved party, who was before the Court, can file appeal - However, if any other person is aggrieved by the judgment, who is not party before the trial court can also file appeal but has to seek permission/leave to file appeal and has to carve out a case..........
Medical negligence -- Fracture of hand - Temporary plaster applied by respondent No. 1 - After a few days permanent plaster applied by respondent No. 2 and the hand of the child fully treated and fracture has fully joined - Allegation of improper applying plaster by respondent No. 1 and medical negligence on his part - Held that doctors who treated and applied the plaster..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Decided without formulating substantial question of law - Impugned judgment set aside and remitted back for decision afresh in accordance with law...........
Criminal Procedure Code, 1973, Section 482, 362, Indian Penal Code, 1860, Section 68 -- Whether period for payment of amount of fine, ordered in judgment in an appeal, can be extended by High Court in view of S.482 Cr.P.C? - Held, period to deposit amount of fine cannot be extended by this court and petitioners can avail remedy of provisions of S.68 of IPC - Therefore, it..........
Evidence Act, 1872, Section 43 -- Judgment in a criminal case - Not admissible in a civil suit...........
Evidence Act, 1872, Section 43 -- Judgment in a criminal case - Admissibility in a civil suit - Judgment in a criminal case is admissible provided it is a relevant fact in issue - Its admissibility otherwise is limited...........
