Justice Dr Dhananjaya Y Chandrachud, Justice Vikram Nath and Justice B. V. Nagarathna of the Supreme Court noted that situations when an Appellate Court can order re-trial. The court while allowing the appeal had set aside the decision of the High Court and remitted the matter to High Court to be decided afresh.As per theContinueContinue reading “WHEN CAN AN APPELLATE COURT ORDER RETRIAL?”
Category Archives: GENERAL
SC: SPECIAL LEAVE PETITION FILED AGAINST ONLY A REVIEW ORDER WOULDNT BE MAINTAINABLE
Justice Sanjay Kishan Kaul and Justice M. M. Sundresh of the top court noted that special leave petition that had been filed against only a review order wouldn’t be maintainable and the court dismissed the same.The petitioner had already filed a special leave petition before the Supreme Court and the court dismissed it which ledContinueContinue reading “SC: SPECIAL LEAVE PETITION FILED AGAINST ONLY A REVIEW ORDER WOULDNT BE MAINTAINABLE”
S. 96 CPC: FIRST APPEAL CANT BE DISPOSED OF WITHOUT POINTS FOR DETERMINATION IN ORDER XLI RULE 31
Justice M. R. Shah and Justice A. S. Bopanna of the top court noted that the First Appellate Court cannot dispose of First Appeal as per Section 96, CPC, without points for determination as per Order XLI Order 31, CPC. The court while allowing the appeals had quashed as well as set aside the decisionContinueContinue reading “S. 96 CPC: FIRST APPEAL CANT BE DISPOSED OF WITHOUT POINTS FOR DETERMINATION IN ORDER XLI RULE 31”
MERE DELAY IN RECORDING EYE WITNESS STATEMENTS CANT CAUSE TESTIMONIES BE REJECTED
he Apex Court bench consisting of Justice Uday Umesh Lalit, Justice S. Ravindra Bhat and Justice Bela M. Trivedi observed that mere delay in recording eye-witness statements cannot cause testimonies to be rejected.The court while dismissing the appeals had upheld the decision of the Trial Court as well as the High Court. As per theContinueContinue reading “MERE DELAY IN RECORDING EYE WITNESS STATEMENTS CANT CAUSE TESTIMONIES BE REJECTED”
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