Civil Procedure Code, 1908, Section 21, 99, Suits Valuation Act, 1887, Section 11 -- Case tried by a court on merits and judgment rendered - Judgment not liable to be reversed purely on technical ground, unless it has resulted in failure in justice - Objection to jurisdiction both teritorial and pecuniary technical in nature - Not open to consideration by an Appellate..........
Criminal Procedure Code, 1973, Section 389, 439 -- Suspension of sentence during pendency of appeal and grant of bail - Recording of reasons - Should not prejudice the case of the parties - Recording of reasons, wherever necessary is only to indicate the considerations that may have weighed with the Court in passing the order - Court should not virtually write a judgment...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Order of remand cannot be passed as a matter of course - Order of remand to be passed only when Court comes to a specific finding that judgment of trial Court is erroneous and liable to be set aside, which is a condition precedent - Order of remand not to be passed on the ground that evidence is not properly..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Not to be granted as matter of right - It is discretion of Court - Court has duty to ascertain whether plaintiff is entitled under law to get the relief asked for - Court has to guard itself from allowing the parties to play fraud upon the Court by entering into collusion to defeat not only the..........
Criminal Procedure Code, 1973, Section 397 -- Acquittal - Revision against - Specific notices were served on complainant and other witnesses for their appearance before CJM and they remained absent - Trial court closed prosecution evidence and on same date pronounced the judgment of acquittal - Held, approach of trial court does not appears to be illegal or perverse which..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for possession of immovable property - Judgment debtor tenant delayed execution of decree for years - J.D. directed to pay rent/damages as was being paid earlier to decree holder till date of delivery of possession...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(5) -- Revision - Revisional jurisdiction, unlike jurisdiction of an appellate Court, is confined to appraisal of the impugned judgments and decrees to discern any error of jurisdiction or infraction of law - The impugned judgment, must disclose an illegal assumption of jurisdiction or failure to discharge..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Murder - Appeal against acquittal - There is a presumption that an accused is innocent, unless proved otherwise - When he is acquitted, the said presumption, becomes stronger - But it may not be correct to contend that despite overwhelming evidence available on record, the appellate court..........
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 19 -- Suit for specific performance of Agreement to sell - Necessary and proper party - Applicants impleaded as necessary party by trial Court - Order challenged in revision - Allegation regarding collusion between vendor & vendee, forged & fabricated agreement & agreement to sell by vendor..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of claim petition filed u/s 163-A of Motor Vehicle Act - In original petition, income alleged Rs.5, 000/- p.m. - Amendent sought to plead income less than Rs.40, 000/- p.a. - Tribunal relying on Deepal Girishbhai Soni's case, AIR 2004 SC 2107 declined amendment - Judgment not applicable - Amendment permitted with..........
