Constitution of India, 1950, Article 134, 136, 142, 145 -- Appeal arising out of Special Leave Petition - Appeal admitted on limited points for consideration - However, while hearing the appeal, Supreme Court can consider entire perspective to do final justice in the matter as mandated by Art.142 of Constitution - Under Art.142 of Constitution Supreme Court in exercise of..........
Consumer Protection Act, 1986, Section 21 -- Jurisdiction of National Commission - Banking service - Fixed deposit - FCNR(B) account - Complicated questions of facts and law - Allegation of fraud, forgery and fabrication of documents have been made - What is the role of the bank manager and those persons purporting to act on behalf of the complainant has been a subject..........
Consumer Protection Act, 1986, Section 21 -- Jurisdiction of National Commission - Banking service - Fixed deposit - FCNR(B) account - Complicated questions of facts and law - Allegation of fraud, forgery and fabrication of documents have been made - What is the role of the bank manager and those persons purporting to act on behalf of the complainant has been a subject..........
Consumer Protection Act, 1986, Section 21 -- Jurisdiction of National Commission - Banking service - Fixed deposit - FCNR(B) account -Complicated questions of facts and law - Allegation of fraud, forgery and fabrication of documents have been made - What is the role of the bank manager and those persons purporting to act on behalf of the complainant has been a subject..........
Constitution of India, 1950, Article 226, Delhi Special Police Establishment Act, 1946, Section 3 -- Investigation by CBI - High Court can issue directions to CBI for investigation while exercising jurisdiction u/art.226 of Constitution - However, such direction shall be given only in exceptional circumstances...........
Civil Procedure Code, 1908, Section 100A -- (Prior to 2002 Amendment), Rajasthan High Court Ordinance, 1949, S.18 - Bar to appeals - Intra Court special appeal - Appeal filed prior to amendment of 2002 - Held, Court will have jurisdiction to decide appeal on merits notwithstanding bar contained in S.100-A of Civil Procedure Code - Only those appeals which were heard and..........
Delhi Special Police Establishment Act, 1946, Section 3 -- Investigation into illegal mining - Powers vested in the CBI to investigate the same - Plea that CBI lacks jurisdiction to investigate offence u/s 22 of the MMRD Act as cognizance of the offence under section 22 of the Act by Court is not permissible except on written complaint by authorized officer - Held, plea..........
Civil Procedure Code, 1908, Section 9 -- Suit of civil nature - Jurisdiction of civil court - Held, jurisdiction of civil court to entertain and try a suit of a civil nature, excepting suits of which their cognizance is either expressly or impliedly barred, is guaranteed by Section 9 of the Code of Civil Procedure - A bar of the civil suit could be implied, if a special..........
Indian Penal Code, 1860, Section 394, 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 394, 323, 504, 506 IPC and S.3(1)(x) SCST Act - Discharge application moved before Magistrate - Application rejected on the ground that case is triable by Special Court of Sessions and Magistrate has no..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of person as additional accused - Special Court constituted by High Court on direction of Apex Court for trial of Godhara riot cases - Witnesses deposed before said court, the role of accused in instigating who had indulged in arsoning, looting and murdering people of particular community - Peculiar facts and..........
