Constitution of India, 1950, Article 226 -- Writ jurisdiction - Administrative act of authority is challenged by way of writ petition - Controversy between petitioner and respondent is civil in nature - Power under writ petition cannot be exercised - Writ petition disposed of...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Wholesale rejection of plaint without appreciating that reliefs claimed flowed from multiple and distinct causes of action particularly one arising after revocation of power of attorney amounts to an improper application of O.7.R.11 CPC...........
Registration Act, 1908, Section 17, 49 -- Un-registered agreement to sell and power of Attorney - Unregistered documents required to be registered are inadmissible in evidence for the purpose of conveying title or completing a sale transaction and can only be admitted for collateral purposes or in a suit for specific performance...........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - Though power u/s 216 Cr.P.C to alter or add existing charge is very wide, to exercise said power, there must be some material existing before Court which has some connection or link with charge sought to be added...........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(4) -- Jurisdiction for arbitration in Facilitation Council - Appellant MSME is located in Delhi - In exercise of its power, Facilitation Council entrusted the conduct of arbitration through institutional aegis of Delhi Arbitration Centre - Private agreement between parties stands overridden by statutory..........
Evidence Act, 1872, Section 45, Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22, 28(2) -- Voice sample - Proceedings u/ss 12, 18, 19, 20 & 22 Domestic Violence Act - Magistrate in the matters of domestic violence has power to adopt procedure as per S.28(2) of PWDV Act - If there is adequate material on record having potential to prove..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Law as to : (i) Interrogatories have to be confined to facts relevant to matters in question in suit - A Court of law will not allow a party to go on a fishing expedition or embark on a roving inquiry in the garb of interrogatories; (ii) Court cannot allow a party to ask questions in interrogatories which..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 CrPC is triggered not by conjecture but by "evidence" that surfaces in Court...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Power to remand an accused to judicial custody is a crucial judicial function that must be exercised with due diligence and in strict compliance with procedure established by law - A lapse in this regard strikes at the very root of personal liberty - Bail granted...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of commissioner - It is discretionary power of Court and a party cannot claim appointment as a matter of right - If Court is of opinion that report of Commissioner can help it in arriving at a proper and just decision, it can issue commission - But such exercise of discretion cannot be normally interfered with by..........
