Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Issue of limitation is not a pure question of law but fact dependent - However, that alone is indeterminate about nature of Court's power U.O.7.R.11 CPC - Court has to be vigilant and is sentinel in ensuring that claims that should not be let into the docket are weeded out - Court may..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - - After commencement of trial - Permissibility - Court has power to allow amendment at any stage of case, if Court considers that proposed amendment is essential for just decision of case and such facts were not in the knowledge of party and same could not be raised before Court despite due diligence...........
Evidence Act, 1872, Section 65B, 62, 3 -- Electronic record - Power of Court to inspect the same - Court has power to view CCTV footage and video recordings, be it primary or legally admissible secondary evidence, in the presence of accused for satisfying itself as to whether individual seen in the footage is the accused in dock - Trial Court should also specifically put..........
Evidence Act, 1872, Section 65B -- Electronic record - Power of Court to inspect the same - Magistrate, who receives electronic record, may himself view it and take a back up, without disturbing the integrity of source, in a CD or Pen drive or any other gadget, by drawing proceedings - Back up can be kept in safe custody by wrapping it in anti static cover and should be..........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Recognized agent - Includes a person who holds power of attorney...........
Power of Attorney Act, 1882, Section 2 -- Power of Attorney - By executing a power of attorney donor creates an agency by which he authorises the donee to perform certain acts on his behalf - These acts, when performed by the donee, are as effectual as acts are done by the donor himself - All acts, deeds and things done by the donee subject to the limitations contained in..........
Constitution of India, 1950, Article 226, Power of Attorney Act, 1882, Section 1A, 2 -- Writ petition - Competency of attorney to file - Writ petition can be filed through power of attorney holder, provided following safeguards are followed: (i) power of attorney by which donor authorizes the donee, must be brought on record and must be filed together with petition; (ii)..........
Delhi Co-operative Societies Act, 2003, Section 8, 105 -- Power of Registrar to make decision - Petitioner/Society challenging order of Registrar - Order of Registrar directing not to take any major financial or policy decision during time when administrator exercises his powers over the society does not warrant interference...........
Rent and Eviction -- Revision - Revisional power cannot be equated with the power of reconsideration of all questions of facts as a Court of first appeal - A finding of fact recorded by court/authority below, if perverse or has been arrived at without consideration of the material evidence or such finding is based on no evidence or misreading of the evidence or is grossly..........
Constitution of India, 1950, Article 136, Income Tax Act, 1961, Section 256 -- Jurisdiction - Finding of fact - High Court has taken into account certain additional facts, already on record, which were however not taken note of by the Tribunal to arrive at its findings - Therefore, High Court was within the jurisdiction in the exercise of its reference power under the..........
