Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Dismissal of appeal - Non-appearance of appellant/accused - Appeal dismissed, as there was no representation for appellant on the date of hearing of appeal - Dismissal of criminal appeal in default cannot be legally sustained and as such, same is liable to be set aside -..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First appellate Court - Non-framing of points of determination - If the disputed questions involved in the lis have been elaborately dealt with, judgment of first appellate Court cannot be set aside only for want of framing points for determination...........
Agreement to sell -- Specific performance - Plaintiff did not give any advance intimation to defendant imploring him to receive the balance consideration and execute the sale deed on the schedule date when he straightway proceed to Sub-Registrar's office or anytime thereafter - Instead, he directly proceeded to file the subject suit - Ex-facie, averments set out in the..........
Arbitration and Conciliation Act, 1996, Section 37, 34 -- Appeal - Arbitral award - Merely for the reason that the view of Appellate Court is a better view than the one taken by arbitral tribunal, is no ground to set aside the award...........
Arbitration and Conciliation Act, 1996, Section 37, 34 -- Appeal - Arbitral award - Appellate Court has no authority of law to consider the matter in dispute before the arbitral tribunal on merits so as to find out as to whether the decision of arbitral tribunal is right or wrong upon reappraisal of evidence as if it is sitting in an ordinary Court of appeal - It is only..........
Election -- Removal from the post of Sarpanch - Disqualification on the ground of encroachment on government land - No credible and convincing material on record to substantiate the allegations of encroachment of government land by appellant before or post her election as Sarpanch - Even, no objection raised regarding such encroachment at the time of filing nomination..........
Indian Penal Code, 1860, Section 53 -- Death sentence - Role played by accused is similar with all other accused and case of accused could not have been segregated to impose death penalty upon him - Case does not fit in the category of `rarest of rare cases' - Death sentence set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining Sub-Registrar from accepting documents pertaining to suit properties for registration till disposal of suit - Suit for declaration that Wills, release deed and Partition deeds are null and void - There are number of unanswered questions and suspicious maneuvering, the odds are clearly..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Ground invoking the provision is that amount has been withdrawn by defendant no.4 - Defect so spelled out in the application does not fall within the ambit of expression formal defect - Order allowing application set aside - Suit restored...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Law as to : (i) All amendments are to be allowed which are necessary for determining the real question in controversy provided it does not cause injustice or prejudice to the other side; (ii) applications U.O.6.R.17 CPC should be ordinarily allowed if amendment is for effective and proper adjudication..........
