Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Recall does not involve a re-evaluation of merits of case nor does it amount to a judicial reconsideration of conclusions previously arrived at - Rather, it is invoked in circumstances where order of Court has been affected by an inadvertent procedural irregularity, accidental omission, clerical lapse or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Contraband - Accused was found in possession of 345 grams of Charas - Trial Court sentenced accused to undergo R.I. for 5 years with fine of Rs.25,000 - However, Notification issued by Central Government shows that 100 grms of charas is a small quantity whereas 1 kg of charas is commercial..........
Agreement to sell -- Suit for specific performance - Enhancing sale consideration - Court cannot dictate or deviate from any term or condition enumerated in the contract for sale between parties or agreed into by parties and as such, it is not within jurisdiction of Court to re-fix sale consideration as against what is agreed to by parties - However, it is within..........
Karnataka Town and Country Planning Act, 1961, Section 4A(1), 15(2)(4), Karnataka Industrial Areas Development Act, 1966, Section 28(4) -- Permission for development of land - Modification in proposal for use of land in manner other than specified in Framework Agreement (FWA) and Project Technical Report(PTR) - State alone can allow Project Proponents to deviate from..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 28(2), Protection of Women From Domestic Violence Rules, 2006, Rule 6(5) -- Domestic violence - Petition u/s 12 of the Act - Court in its discretion can allow evidence on affidavit and permit cross-examination to test veracity of evidence - Court can deviate from procedure prescribed u/s 28(1) r/w Rule 6(5)..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Love marriage-cum-arranged marriage between parties - Wife was physically tortured to the extent that she was compelled to file a criminal case against husband and his family members - Husband has shown no interest in contesting appeal, as he opted not to appear and contest appeal so as..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 302 -- Order taking cognizance - Murder - Negative final report - Protest petition filed - Statement u/s 161 Cr.P.C. discloses allegations against accused - PWs did not deviate from their previous version given to Police - Even if negative final report was filed by police, at this stage Magistrate..........
Auction sale -- Non-compliance of the terms and condition of advertisement - Letter of intent and sale deed - Validity - Requirement to furnish Annual turnover and net worth for last three years is not mandatory condition, as said condition in the advertisement would not fall in the first category of cases - Authorities could therefore validly deviate from and not insist..........
Will -- Purpose of execution of Will is to deviate from natural course of succession...........
Civil Procedure Code, 1908 -- Orders and sections - Difference between the two - Sections in the Code of Civil Procedure are substantive law within the procedural law and the Orders in the CPC clearly depicts the procedure to be followed with necessary Rules - Procedural law cannot substantially deviate from that part of the substantive law contained in the Sections - When..........
