Civil Procedure Code, 1908, Section 152 -- Correction of decree - It is impermissible to review a judgment, under the guise of exercise of power under Section 152 C.P.C...........
Civil Procedure Code, 1908, Section 100 -- Second Appeal - In the absence of a question of law, an appeal cannot be admitted under Section 100 of the Code - The question with regard to onus framed in the Memorandum of Appeal would pale into insignificance because once the parties to a suit have led evidence then the question of onus would become academic...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Only if compelling situation exists and there is likelihood of an order of conviction - If there are remote chance for conviction then additional accused should not be summoned - While proceeding under Section 319 Cr.P.C., there should be reasonable prospects of conviction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Compensation - Granted under sub-section (3) of S.357 Cr.P.C. is to be recovered only as if it were a fine...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3), 389(1) -- Dishonour of cheque - Compensation - Suspension during pendency of appeal - Appellate Court can pass appropriate interim orders of suspension with any conditions or terms as may warrant in circumstances in respect of compensation awarded under sub-section (3) of S.357..........
Civil Procedure Code, 1908, Section 100 -- Transfer of Property Act, 1882, Section 52 - Second appeal - Scope - Finding of fact - Sale deed executed after the institution of the suit had been set aside on the ground of lis pendence - These are pure finding of fact which would not warrant interference in exercise of jurisdiction u/S.100 of the Code...........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - The law laid down by the Apex Court in some of the cases covering the inherent jurisdiction of the High Court under Section 482 of the Code culled out...........
Civil Procedure Code, 1908, Section 4, 100A -- Motor Vehicles Act, 1988, Section 173 - Letters Patent Appeal - Maintainability - Whether the Letters Patent Appeal is maintainable against the judgment and order passed by the learned Single Judge in appeal u/S.173 of the Motor Vehicles Act, 1988, against the award rendered by the Motor Accident Claims Tribunal? - Held, no -..........
Civil Procedure Code, 1908, Section 24 -- Hindu Marriage Act, 1955, Section 9 - Transfer of case - Matrimonial proceedings - Convenience of wife should be preferred unless there are special reasons not to do so...........
Criminal Procedure Code, 1973, Section 202, 203, 256 -- Complaint in summons case - Complaint can be dismissed - (i) On receipt of a complaint for an offence, without recording the statement of the complainant or his witnesses, if the Judicial Magistrate comes to the conclusion that the contents of the complaint itself do not disclose any offence or provide a sufficient..........
