Showing : 121-130 of 526 Results

BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 21, 100-- Jurisdiction - Objection as to - Appellant raised objection as to place of suing but lower appellate Court allowed appeal without considering as to whether there was any failure of justice to appellant on account of lack of territorial jurisdiction - Impugned order set aside - Lower appellate..........
DELHI HIGH COURT
Year of decision: 2013
Details
Constitution of India, 1950, Article 227-- Supervisory jurisdiction - Exercise of - Held, power u/Art.227 is merely a revisional jurisdiction and does not confer an unlimited authority or prerogative to correct all orders or wrong decisions made within limits of jurisdiction of Courts below - Where special legislation does not provide for..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 13, 14-- Divorce decree of foreign Court - Couple of Indian Origin acquired citizenship of USA - Married in USA as per Hindu ceremonies - After divorce, custody of child given to husband - Wife came back to India along with child - Husband came to India and filed Habeas Corpus Writ against wife - Validity..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 397, 399, 401-- Revision - High Court can call for the records of any criminal court and examine the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceeding of such inferior Court - However, sub-section (2) of S.397 puts a restriction on..........
DELHI HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 340, 341, 195-- Letters Patent (Del.), Cl.10 - Perjury - Letter patent appeal - Maintainability - Held, decision taken on application filed u/s.340 Cr.P.C. involves only formation of opinion as to whether or not complaint should be filed - At stage of formation of such opinion Court does not exercise criminal..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Inherent jurisdiction - Exercise of - Held, inherent jurisdiction u/s.482 Cr.P.C. has to be exercised sparingly, carefully and with caution - Extra ordinary power u/s.482 Cr.P.C. should not be resorted to like remedy of appeal or revision - Such power can be exercised only when no other remedy is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Village Common Lands (Regulation) Act, 1961, Section 11, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 21A-- Shamlat Deh - Question of title - Decision of - Notice was not issued to Gram Panchayat - Issues were not framed - No opportunity was granted to petitioner to lead evidence before petition was dismissed in a summary and perfunctory manner - Appellate authority failed to discern this error and..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 439-- Grant of bail - Interference with in writ jurisdiction - Held, power to grant bail by Sessions Judge is a discretionary power - Such power should not be arbitrarily used - However, if Sessions Judge, on perusal of materials comes to conclusion that it is a fit case where bail should be granted,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Disposal of Surplus Rural Evacuee Agricultural Land Rules, 1962, Rule 11-- Auction sale - Validity - Description of property as plot No.S.1 is recorded in Form S.XX - Absence of khasra numbers particularly when property is duly identified as plot No.S.1 - Held, it does not indicate such an error as empowered Settlement Commissioner to set aside auction while exercising..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Application should be disposed of along with the appeal and not independently thereof - However, order allowing additional evidence cannot be upset in revisional jurisdiction under Article 227 of the Constitution - Objection that document received as an..........

Showing : 121-130 of 526 Results