Civil Procedure Code, 1908, Section 100 -- Second appeal - Recovery suit - Findings and reasoning provided by first appellate Court are consistent with established legal principles - First appellate Court decreed the suit of plaintiff after meticulously reviewing all evidence on record - Suit rightly decreed - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Description of suit property was wrongly written inadvertently and due to typographical mistake - Trial Court while allowing amendment specifically put plaintiff to condition that no fresh evidence will be led qua the amendment error - No prejudice would be caused to defendant if..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - When two or more suits have been disposed of by a common judgment, but by separate decrees and where the decree in one suit has been challenged in appeal without challenging the decrees in the other suits, the principle of res judicata would be applicable...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Discharge - Cheating - Allegations that respondent with the object of cheating the Bank, granted three facilities to Company - However, role of respondent confined to signing the memorandum prepared by senior..........
Criminal Procedure Code, 1973, Section 464 -- Omission to frame charge - Non-framing of charge would not vitiate a conviction when no prejudice has been pointed out by accused...........
Criminal Procedure Code, 1973, Section 465 -- Omission to frame charge - Even the absence of a charge by a Court will not vitiate the trial or judgment to be delivered in the case...........
Criminal Procedure Code, 1973, Section 464 -- Omission to frame charge - If the facts are such that a charge could be framed and yet it is not framed, but no failure of justice has in fact, been occasioned, thereby, the finding, sentence or order of Court of competent jurisdiction is not to be set aside on that ground...........
Criminal Procedure Code, 1973, Section 465 -- Framing of new charge - Accused faced trial in the Trial Court knowing well that a Court having no jurisdiction to try the case had framed the charge - He did not mention this irregularity while the Trial Court recorded the evidence - Without any objection, he participated in the trial and never raised a case that he was..........
Practice and Procedure -- Order - Validity of an order can only be adjudged on the basis of reasoning contained in the order and the said reasoning cannot be supplemented in any manner much less by means of a counter affidavit or a supplementary affidavit when parties have entered into a litigation...........
Civil Procedure Code, 1908, Section 64 -- Private alienation of property after attachment is void - Where contract for sale is executed and registered before attachment, mischief of S.64(1) of the Act shall not apply...........
