Civil Procedure Code, 1908, Order 1, Rule 10 -- Affect of decree on person not party to suit - Decree does not affect him unless the judgment is in rem and not in personem...........
Civil Procedure Code, 1908, Section 152 -- Judgment - Correction of certain typographical errors in judgment - Judgment must be read in its entirety - Keeping in view the directions issued vis-a-vis the questions decided, for sake of clarity, directions substituted...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, 5, Evidence Act, 1872, Section 101 -- Recasting of issues at appellate stage - Suit for possession - Decreed by Trial Court - In appeal, the Appellate Court set aside judgment & decree on the ground that issues framed by Trial Court not happily worded and burden of proof was not appropriately put - Appellate Court reframed..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Decided without formulating substantial question of law - Judgment cannot be sustained...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - It is essential for 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 26, Rule 9 -- LC appointed - Order of appointment challenged in revision - Relying on Pritam Singh's case contention raised that order passed under O.26 R. 9 cannot be challenged in exercise of revisional jurisdiction - Held - In terms of Full Bench Judgment, revision is not maintainable against order declining the appointment of LC. But..........
Civil Procedure Code, 1908, Section 151, 152, 153 -- Decree - Amendment - Trial Court holds the right and jurisdiction to amend the decree as long as judgment and decree of trial Court is not modified or finally confirmed...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Decree upon admission - Admission should be unequivocal, clear and positive - Judgment on admission is not a matter of right and rather is a matter of discretion of Court...........
Criminal Procedure Code, 1973, Section 164 -- Judicial confession - Admissible in evidence - It is a relevant fact - A judgment of conviction can also be based on a confession if it is found to be truthful, deliberate and voluntary and if clearly proved - The voluntary nature of the confession depends upon whether there was any threat, inducement or promise and its truth..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Reversal of judgment of acquittal - It is incumbent on High Court to arrive at the conclusion that no two views are possible...........
