Negotiable Instruments Act, 1881, Section 138, 139, 141, 142 -- Dishonour of cheque - Complaint by power of attorney holder - Power of attorney filing complaint u/s 138 of the Act and deposing on behalf of payee must have personal knowledge of transaction in question...........
Negotiable Instruments Act, 1881, Section 138, 141, 142, 145 -- Dishonour of cheque - Complaint by power of attorney holder - Offence by company - Power of attorney holder gave evidence on affidavit u/s 145 of the Act by mentioning in verification clause that all facts stated in affidavit are true to his knowledge - However, cross-examination of CW1 reveals that he does no..........
Constitution of India, 1950, Article 142, 32 -- Judicial direction - No state action is under challenge - Plea of prejudice that has been advanced has no legs to stand upon as petitioner have approached Court for directions - There is distinction between judicial function and legislative action and similarly executive action and direction from Court...........
Constitution of India, 1950, Article 142 -- Plenary power - Jurisdiction - Plenary powers also exit independent of statues with view to do complete justice between parties - Plenary powers are of very amplitude and are in nature of supplementary powers - Plenary power exits as separate and independent basis of jurisdiction apart from status - Plenary power stands upon..........
Constitution of India, 1950, Article 142, Transfer of Prisoners Act, 1950, Section 3 -- Inter state transfer of under trial prisoner - Equity cannot override law - S.3 of 1950 Act bestows power on State Government to transfer an accused to another State after consulting other State - Such an action by State has to be totally controlled by circumstances - When State passes..........
Constitution of India, 1950, Article 21, 32, 142, 144, Transfer of Prisoners Act, 1950, Section 3 -- Inter state transfer of under trial prisoner - S.3 of 1950 Act does not create an impediment on part court to pass an order of transfer of an accused or a convict from one jail in a State to another prison in another State because it creates a bar on exercise of power on..........
Constitution of India, 1950, Article 142 -- Plenary power - Jurisdiction - Court in exercise of power u/Art.142 of Constitution cannot curtail fundamental rights of citizens conferred under Constitution and pass orders in violation of substantive provisions which are based on fundamental policy principles, yet when a case of present nature arises, it may issue appropriate..........
Constitution of India, 1950, Article 142, Transfer of Prisoners Act, 1950, Section 3 -- Inter state transfer of under trial prisoner - Jurisdiction - Submission that Supreme Court in exercise of equity jurisdiction u/Art.142 of Constitution cannot transfer accused from Siwan Jail to any other jail in another State is unacceptable as basic premise of said argument is..........
Constitution of India, 1950, Article 142 -- Public perception - Cannot be sought despite being of utmost significance, except after onerous exercise and any opinion, without benefit of entire sequence of facts may not be dependable hypothesis...........
Constitution of India, 1950, Article 142, 226 -- Cancellation of admission to MBBS course - As obtained by fraud - Restoration of benefits to students - In the instant case, admission obtained through well-orchestrated plan of deceit spanning over many academic years - Involvement of students cannot be said to simple affair so as to ignore recognised consequences of fraud..........
