Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court would not ordinarily interfere therewith, if two views are possible - However non consideration of material facts and consideration of irrelevant facts would be factors which would invite an interference with the judgment of acquittal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Formulation of substantial question of law - It is essential for the High Court to formulate a substantial question of law and it is not permissible to reverse the judgment of first appellate court without doing so...........
Civil Procedure Code, 1908, Order 21, Rule 66(2)(e) -- Value of the property - Court to state nature of the property to be sold - Compulsory sale of immovable property divests right, title and interest of the judgment debtor and confers those rights in favour of the purchaser - It should be endeavour of the Court to obtain adequate price of property put in for sale...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Dismissal at admission stage - Notice not issued to respondent and evidence on record not looked - Impugned judgment set aside - Appeal remitted back for decision afresh by issuing notice to the respondent and by passing a reasoned order by taking into consideration the entire material on record...........
Arbitration and Conciliation Act, 1996, Section 11, 42, 27, 37(2)(b) -- Execution of arbitral award - Pecuniary jurisdiction of Court - Merely because applications u/ss. 27, 37(2)(b) of the Act filed by judgment debtor during pendency of arbitral proceedings were entertained by Court, would not confer pecuniary jurisdiction in respect of matters having value below 5 lakhs...........
Civil Procedure Code, 1908, Order 20, Rule 4 -- Decision delivered prior to completing the judgment - Judgment does not suffer from any infirmity...........
Civil Procedure Code, 1908, Order 20, Rule 4 -- Judgment - Meaning - The declaration by a Judge of his intention of what his `judgment' is going to be, or a declaration of his intention of what final result it is going to embody, is not a judgment until he had crystallized his intentions into a formal shape and pronounced it in open court as the final expression of his..........
Civil Procedure Code, 1908, Order 20, Rule 4 -- Oral judgment - O.20.R.4 of the Code does not envisage the writing of judgment after deciding the case by an oral judgment - It would be against public policy to announce the final result orally but judgment was finalised later on...........
Civil Procedure Code, 1908, Section 2(9) -- Judgment - S.2(9) CPC defines a 'judgment' to mean the statement given by the Judge of the grounds for a decree or order...........
Civil Procedure Code, 1908, Order 20, Rule 4 -- Judgment to be self contained document - Judgment should be self contained document from which it should appear as to what were the facts of the case and what was the controversy which was tried to be settled by Court and in what manner - Process of reasoning should be reflected clearly in the judgment by which the Court came..........
