Constitution of India, 1950, Article 32, 226 -- Direction for CBI inquiry - Directions for CBI enquiry should not be ordered by High Courts or Supreme Court in a routine manner - Exercise of inherent powers to direct CBI to investigate must be exercised sparingly, cautiously and only in exceptional situations...........
Constitution of India, 1950, Article 32, 226 -- Direction for CBI inquiry - Order directing an investigation to be carried out by CBI should be treated as a measure of last resort, justified only when Constitutional Court is convinced that integrity of process has been compromised or has reasons to believe that it may get compromised to a degree that shakes conscience of..........
Hindu Succession Act, 1956, Section 2 -- Scheduled Tribes - Applicability of the Act - Hindu Succession Act not applicable to Scheduled Tribes - No such direction therefore can be issued by High Court in view of provision of S.2 of the Act, particularly when the issue was neither directly nor substantially involved in intra party appeal arising out of judgment and decree..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of summons - Directions issued: (a) In all cases filed u/s 138 of the Act, service of summons shall not be confined through prescribed usual modes but shall also be issued dasti i.e. summons shall be served upon accused by complainant in addition; This direction is necessary as a large number of..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Auction sale - Setting aside - Issue relating to identification and measurement had been raised in the very beginning and there are reports of Bailiff, who had gone to deliver possession stating that there was difficulty in identifying the same - In the garb of boundaries being mentioned, auction purchaser cannot..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Minor child - Determination of income - Direction issued that: When a Tribunal or High Court in appeal, is concerned with case involving a child having suffered injury or having passed away, calculation of loss of income necessarily has to be made on matric of minimum wages payable to a skilled worker in respective State..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Directions issued for incorporating following particulars while filing claim petition under Motor Vehicles Act, 1988 : (a) (i) Names and addresses (local and permanent) of injured persons or the owners of damaged property, as the case may be, their Aadhar and PAN details and email-id, if any; and (ii) Names..........
Indian Penal Code, 1860, Section 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 42 -- Offence u/ss 376(2)(f), 376(2)(i) IPC and Ss.3, 4 of POCSO Act - Sections of IPC provides for a higher sentence as compared to Ss.3, 4 of POCSO Act - Trial Court was justified in choosing the former to award punishment in terms of S.42 of POCSO..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of accused - High Court in exercise of its revisional jurisdiction set aside the order of the Trial Court rejecting the second application under Section 319 of the CrPC and directed the Trial Court to reconsider the application under Section 319 - Court was conscious that the trial had concluded, yet to do substantial..........
Advocate -- Role of advocate - Mandatory guidelines which would cover the exercise of designation of senior advocates by this Court and all the High Courts - A direction was given to modify the norms/guidelines in existence so as to be in accord with the directions...........
