Statute -- Whenever a term has been defined under a statute, the same should ordinarily be given effect - The words 'unless there is anything repugnant in the subject and context' may in given situations mean that the legislature intended a different meaning - While determining such a question, the court ordinarily again must preserve the right of a party to prefer an..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 16, 18 -- Juvenile - Whether an offender was a juvenile on the date of commission of offence or not is essentially a question of fact which is required to be determined on the basis of material brought on record by the parties - For the said purpose, not only relevant materials are required to be..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Plot allotment - Deficiency in service - Basic amenities like roads, water supply, sewerage and electricity had been provided where the plot in question is located - Findings of the District Forum to the contrary liable to be set aside...........
Criminal Procedure Code, 1973, Section 362 -- Review - Clerical or arithmetical mistake - Held, a case of failure on part of court to hear necessary party to proceedings or a person, who could be affected by the order to be passed, by no stretch of imagination, can be said to be a clerical or arithmetical mistake - Question of exercising power u/s 362 Cr.P.C. would not..........
Criminal Trial -- Right of accused of being heard - Held, there being no right assured to accused of being heard before issuance of process, question of accused persons insisting for hearing at stage of revision application prior to the stage of issuance of process cannot arise, unless albeit as exceptional case is made out for exercise of writ jurisdiction even in such a..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary parties - Suit for specific performance - Necessary parties are parties to contract, their legal representative or person who had purchased contracted property from vendor with or without notice - Any person claiming independent right in property in question, including co-owner or coparcener is not a necessary party..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Formulation of substantial question of law - It is essential for the High Court to formulate a substantial question of law and it is not permissible to reverse the judgment of first appellate court without doing so...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - It should be substantial question of law and not substantial question of fact - When a question of law is fairly arguable, where the Court thought it necessary to deal with that question at some length and discuss alternative views then the question would be substantial question of law..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Violation of settled position of law - Where the legal position is clear either on account of express provision of law or binding precedents but Courts below has decided the matter either ignoring or acting contrary to such legal principles, a substantial question of law arises as decision rendered on a material..........
Transfer of Property Act, 1882, Section 106 -- Cancellation of perpetual lease - Lease cancelled and possession of land taken over - Contention that lease was wrongly cancelled - No specific plea raised or substantiated as to how the Director of Industries was not competent to cancel the lease deed or to exercise the powers - No substantial question of law arises for..........
