Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Court may alter or add any charge on its own or on an application moved by parties concerned - But such powers can be invoked by Court suo-moto, meaning thereby that power u/s 216 Cr.P.C. is exclusive to wisdom of Court concerned and no party can claim alteration in the charges, as a matter of right...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Law as to : (i) Review proceedings are not by way of an appeal and same have to be strictly confined to the scope and ambit of O.47.R.1 CPC; (ii) Review is not to be confused with appellate powers, which may enable an appellate court to correct all manner of errors committed by the subordinate court;..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power and scope of review jurisdiction Viz: (i) Ground of discovery of new and important matter or evidence is a ground available if it is demonstrated that, despite exercise of due diligence, this evidence was not within their knowledge or could not be produced by party at the time, original decree or..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Court has power and jurisdiction to suit or non-suit a party on adduced pleadings, issues and evidence, but not on a totally new and unexpected case, more particularly at the stage of S.100 CPC...........
Civil Procedure Code, 1908, Section 100(5) -- Second appeal - Substantial question of law - Law as to : (i) substantial question of law must be grounded in the parties pleadings and findings of lower Courts - Thus, it must be exercised if it is so fundamental that it goes to very root of matter; (ii) Jurisdiction to frame a new question of law is exceptional and should not..........
Constitution of India, 1950, Article 226, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - So long cognizance of offence is not taken, a writ or order to quash FIR/charge sheet could be issued u/art 226 of Constitution - However, once a judicial order of taking cognizance intervenes, power u/art 226 of Constitution though not available to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447(2) -- Transfer of case - Power to transfer a case is not to be invoked casually or as a matter of convenience...........
Arbitration and Conciliation Act, 1996, Section 31(7)(b) -- Arbitral award - Pendente-lite interest - Arbitral tribunal can be denuded of its power to award pendente lite interest only if contract between parties is so worded that award of pendente lite interest is either explicitly or by necessary implication barred - A clause merely barring award of interest on delayed..........
Arbitration and Conciliation Act, 1996, Section 31(7)(b) -- Arbitral award - Pendente-lite interest - Agreement between parties proscribes grant of pendente-lite interest, when read as a whole, does not expressly or by necessary implication proscribes grant of pendente lite interest by arbitral tribunal - Clause merely says that there would be no interest payable by..........
Power of Attorney Act, 1882, Section 2 -- General Power of Attorney (GPA) - GPA does not ipso facto change the character of document transforming it into a conveyance deed...........
