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Finding no contrary or restrictive provisions in the CPC,we hold and declare that a suit and a counterclaim, ifadjudicated by a single common judgment; both on the originalclaim and on the counterclaim, it can be challenged in acomposite appeal. The composite appeal, however, shouldshow the grounds raised against the decree in the suit and thedecree in the counterclaim separate...

We are deeply dismayed, and equally perturbed by theorder which rejected an application seeking condonation of delayof 3157 days and as a consequence dismissed the ‘Jail Memo ofAppeal’ against the order of conviction under Section 302, withsentence imposed of life imprisonment where the convict had, atthe time of the impugned order suffered incarceration of 12 yearsand now a fur...

12. The decisions relied on by the Appellant can be captured andsummarised as follows:12.1 An Appellate Court has a statutory duty to deal with an Application for Additional Evidence on its merits. The application cannot be ignored while the Court proceeds to pronounce the final Judgment. Jatinder Singh (supra)12.2 The Application must be considered simultaneously with the hear...

In Rajiv Thapar and Others v. Madan LalKapoor8, this Court laid down a 4-step test todetermine if criminal proceedings can bequashed on the basis of defensematerial/official records prior to trial:“30. Based on the factors canvassed in theforegoing paragraphs, we would delineate thefollowing steps to determine the veracity of aprayer for quashment raised by an accused byinvokin...

In these circumstances, continuing a fullsessions trial against the appellant alone,while his co-accused stand acquitted on theself-same evidence, would not further thecause of justice but would subject theappellant to the ordeal and stigma of a criminaltrial whose substratum has already collapsed.The High Court, in the impugned judgment,proceeded on the premise that the appell...