Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Concurrent findings of two Courts can be interfered with only if decisions rendered by two Courts below can be said to be either perverse, arbitrary or capricious...........
Civil Procedure Code, 1908, Section 152 -- Amendment of judgments, decree or orders - S.152 CPC is based on two principles: (i) act of Court should not prejudice any party and (ii) Courts have a duty to see that their records are true and represent correct state of affairs...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Suit for declaration of title - Concurrent findings of two Courts below dismissing suit of plaintiff - Entire evidences discussed and said findings are supported by reasons and further points have also been framed by both Courts below - There is thus, substantial compliance with provisions of O.41.R.31 CPC -..........
Civil Procedure Code, 1908, Section 9 - - Jurisdiction of civil Court - Suit for damages - Civil Court jurisdiction is not barred to entertain suit for damages in the light of Tamil Nadu Property Act, as Act does not oust jurisdiction of civil Court either expressly or by necessary implication.
(7) An exclusion of the jurisdiction of the civil court is not readily to..........
Criminal Procedure Code, 1973, Section 433 -- Commutation of sentence - Powers u/s 433 Cr.P.C can only be exercised by appropriate Government - These powers cannot be exercised by any Court including High Court - At best, Court can recommend to State Government that such power may be exercised but power of appropriate Government cannot be usurped by Courts and Government..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Eviction decree - Property sold thereafter - J.D. filed injunction suit arraying purchasers as party seeking restraining them for not dispossessing him - Application for stay of execution filed only to deprive DHs and their successors-i, interest from enjoying benefits of property - Moreover, subsequent..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Plaintiff avoided to appeal before trial Courts on numerous dates of hearing for completion of cross-examination - Repeated opportunities were given by trial Court in this regard but plaintiff failed to avail the same - Evidence of plaintiff was closed by trial Court which was never challenged during trial - Second..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - Can be appointed in suit for bare injunction - However, such an appointment must be only in cases where it is necessary for localising the property, when there is a dispute regarding boundaries or there is an attempt made to alter the physical features of the property etc. - In a suit for bare..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Application for amendment should not be rejected only on sole ground of delay, as while considering application for amendment, Courts have very wide discretion in matter of amendment of pleadings...........
Civil Procedure Code, 1908, Section 92 -- Leave of Court to institute u/s 92 CPC - Applicaotn filed but no order passed - Defendant contested suit without raising plea that leave of Court is not granted - Even both sides led evidence and matter was decided on merits - Defendant submitted to jurisdiction of Court without any demur and objection - Courts below came to..........
