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Title : No Appeal to Lie Unless Otherwise Provided
State : Central
Year : 1973
No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force. 1[Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.] _______________________________ 1. Inserted vide Code of Criminal Procedure (Amendment) Act 2008 to be effective from 31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 104
Title : Ordersfrom Which Appeal Lies
State : Central
Year : 1908
.....following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders:-- 1 [***] 2 [(ff) an order under section 35A;] 3 [(ffa) and order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section 92, as the case may be;] (g) an order under section 95; (h) an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree; (i) any order made under rules from which an appeal is expressly allowed by rules: 2 [Provided that no appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made.] (2) No appeal shall lie from any order passed in appeal under this section. ________________ 1. Clause (a) to (f) omitted by Act 10 of 1940, section 49 and Schedule III. 2. Inserted by Act 9 of 1992, section 3. 3. Inserted by Act 104 of 1976, section 41 (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 109
Title : Whenappeals Lie to the Supreme Court
State : Central
Year : 1908
1 [109. When appeals lie to the Supreme Court Subject to the provisions in Chapter IV of Part V of the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals from the Courts of India, and to the provisions hereinafter contained, an appeal shall lie to the Supreme Court from any judgment, decree of final order in a civil proceeding of a High Court, if the High Court certifies- (i) that the case involves a substantial question of law of general importance; and (ii) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.] ________________ 1. Substituted by Act 46 of 1973, section 2, for former section 109 (w.e.f. 29-11-1973).
View Complete Act List Judgments citing this sectionOudh Laws Act, 1876 Section 9A
Title : When a Suit for Pre-emption Lies
State : Central
Year : 1876
{S.9A ins.by U.P.Act 15 of 1939, s.2.} No suit shall lie for enforcing a right of pre-emption under this Act in respect of a portion only of the property sold or foreclosed: Provided that, where the plaintiff has a right of pre-emption in respect of only a portion of the property sold or foreclosed, then notwithstanding anything to the contrary contained in any enactment a suit for the pre-emption of that portion only shall lie and the plaintiff shall have to pay the proportionate price or the proportionate amount due in respect of such mortgage for such portion of the property as the case may be.]
View Complete Act List Judgments citing this sectionGOA, DAMAN AND DIU JUDICIAL COMMISSIONER'S COURT (DECLARATION AS HIGH COURT) ACT, 1964[REPEALED] Section 7
Title : Appeals to lie to the Supreme Court from judgment, decree, etc., passed or made by Tribunal de Relacao
State : Central
Year : 1964
Any person aggrieved- (a) By any judgment, decree, order or sentence of the Tribunal de Relacao passed or made before the 20th December, 1961, against which an appeal would lie to a superior Court in Portugal in accordance with law but could not be preferred by reason of Goa, Daman and Diu becoming part of the territory of India, or against which an appeal having been preferred to a superior Court in Portugal in accordance with law had not been disposed of before the said date; or (b) By any judgment, decree, order or sentence of the Tribunal de Relacao passed or made on or after the 20th December, 1961, may, within ninety days from the date of passing of this Act, prefer an appeal from such judgment, decree, order or sentence to the Supreme Court as if such judgment, decree, order or sentence had been passed or made by the Judicial Commissioner's Court.
View Complete Act List Judgments citing this sectionIndian Treasure Trove Act, 1878 Section 17
Title : Decision of Collector Final, and No Suit to Lie Against Him for Acts Done Bona Fide
State : Central
Year : 1878
No decision passed or act done by the Collector under this Act shall be called in question by any Civil Court, and no suit or other i.e. proceeding shall lie against him for anything done in good faith in exercise of the powers hereby conferred.
View Complete Act List Judgments citing this sectionJudicial Commissioners Courts (Declaration as High Courts) Act, 1950[Repealed] Section 5
Title : Appeals to Lie to the Supreme Court from Judgment, Decree, Etc., Whether Passed or Made Before or After the Commencement of the Act
State : Central
Year : 1950
Subject to any rules made under Article 145 or any other law as to the time within which appeals to the Supreme Court are to be altered, an appeal shall lie to that Court from a judgment, decree or final order of a Judicial Commissioners Court, under the provisions of Article 132 or Article 133, or from a judgment, final order or sentence of such Court under the provisions of Article 134 whether such judgment, decree, final order or sentence, as the case may be, was passed or made before or after the commencement of this Act.
View Complete Act List Judgments citing this sectionEstate Duty Act, 1953 [Repealed] Section 65
Title : Case to Be Heard by Benches of High Courts and Appeal to Lie in Certain Cases to the Supreme Court
State : Central
Year : 1953
.....the High Court certifies to be a fit one for appeal to the Supreme Court. (3) The provisions of the code of Civil Procedure, 1908 (Act V of 1908) relating to appeals to the Supreme Court shall, so far as may be, apply in the case of appeals under this section in like manner as they apply in the case of appeals from decrees of a High Court: Provided that nothing in this sub-section shall be deemed to affect the provisions of sub-section (7) of section 64: Provided further that the High Court may on petition made for the execution of the order of the Supreme Court in respect of any costs awarded thereby transmit the order for execution to any court subordinate to the High Court. (4) Where the judgement of the High Court is varied o reversed in appeal under this section, effect shall be given to the order of the Supreme Court in the manner provided in sub-section (7) of section 64.
View Complete Act List Judgments citing this sectionLand Acquisition (Mines) Act, 1885 Section 4
Title : Notice to Be Given Before Working Mines Lying Under Land
State : Central
Year : 1885
If the person for the time being immediately entitled to work or get any mines or minerals lying under any land so land acquired is desirous of working or getting the same, he shall give the appropriate Government notice in writing of his intention so to do sixty days before the commencement of working.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 102
Title : On Whom Burden of Proof Lies
State : Central
Year : 1872
The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustrations (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore the burden of proof is on A. (b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved. Therefore the burden of proof is on B.
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