Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court commissioner - If Court is satisfied on material available on record that plaintiffs are not able to produce desired evidence, it can exercise discretion and order for Local investigation...........
Education -- Civil Services Examination - Claim of extra/additional attempt - COVID-19 Pandemic - Scheme of Rules 2020 does not provide any discretion to respondent to grant relaxation either in attempt or in age - Merely because as a matter of policy, if respondent has granted relaxation in past for the reason that there was a change in the examination pattern/syllabus,..........
Criminal Procedure Code, 1973, Section 398 -- Further inquiry - Remand of matter for further enquiry does not necessarily oblige Magistrate to record any further evidence in the case - Nature of further inquiry is in discretion of Magistrate which may or may not include recording of further evidence on behalf of complainant...........
Specific Relief Act, 1963, Section 28 -- Extension of time - Decree for specific performance - JD was directed to obtain Non-Agriculture permission from concerned authority within a period of 2 months and then execute sale deed of suit land in favour of DH - Said term indicates that DH was not directed to deposit amount of balance consideration within a time frame - It was..........
Hindu Marriage Act, 1955, Section 10, 13, 13A -- Judicial separation - Discretion is given to Court to grant alternate relief of judicial separation in the event, petitioner makes out a case for grant of decree of dissolution of marriage/divorce in his favour...........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - Evidence of defendants was closed after giving adequate opportunity to lead evidence to defendants - Even in application moved U.O.8.R.1-A(3) CPC, there was no prayer for reopening of evidence - It was for defendants to exercise due diligence at appropriate time - Conduct of defendants shows that in guise..........
Agreement to sell -- Specific performance - Decree for specific performance cannot be granted merely on proof of execution of agreement - Court is bound to look upon real intent of parties at the time of execution of agreement - If it is found that agreement, prima facie, is for some other purpose than for sale of land and sale agreement becomes operative as a consequence..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Delay in filing application u/s 391 Cr.P.C cannot be held to be fatal, as appellate Court had suo moto power to exercise discretion u/s 391 Cr.P.C and call for additional evidence after recording reasons therefor...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exemption from surrendering - Accused out of 7 lakhs in view of settlement, paid Rs.4 lakhs to complainant - Three Courts have concurrently convicted accused u/s 138 of the Act - Exemption from surrendering is of discretion of Supreme Court - Held, without going into merits of case, application for..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to register FIR and to investigate - Magistrate has discretion at pre-cognizance stage to direct concerned SHO for registration of FIR on basis of complaint instituted u/s 156(3) Cr.P.C and investigate the matter...........
