Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings - High Court can quash criminal proceedings by invoking of extraordinary power u/art 226 of Constitution...........
Criminal Procedure Code, 1973, Section 386(b) -- Appeal against conviction - Appellate Court has no power to direct reinvestigation u/s 386 Cr.P.C...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While exercising power u/s 227 Cr.P.C. judge concerned has to consider only record of case and documents produced along with the same - If on such consideration Court forms an opinion that there is no sufficient ground to proceed against accused concerned, accused shall be discharged after recording reasons..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - Power of attorney holder is a competent person to file complaint u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - If Power of attorney holder, who is aware of facts of the case and has made such an averment in the affidavit, is certainly competent to lodge a private complaint, even if such an averment is absent in the complaint...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power u/s 311 Cr.P.C vest with the Court and a party can only seek to trigger the power by filing appropriate application, outcome of which would depend upon Court's call as to whether evidence sought to be adduced is essential for a just decision of the case...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether Court is having the power or not to grant the reliefs as prayed for in the suit is a matter of trial and it cannot be decided in an application filed U.O.7.R.11 CPC for rejection of plaint...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C can be exercised before pronouncement of order on sentence where there is a judgment of conviction of accused - In case of acquittal, power should be exercised before the order of acquittal is pronounced...........
Auction sale -- Bid - Writ jurisdiction - Judicial review - While exercising power of judicial review, Court does not sit as an appellate Court over the decision of government but merely reviews the manner in which the decision was made...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C cannot be exercised when there is no case made out against persons sought to be implicated...........
