Agreement to sell -- Specific performance - Execution of agreement to sell by defendant No.1 on behalf of herself and on behalf of other defendants including minors - No power of Attorney was there in favour of defendant No.1 and even no permission was sought from the Court of competent jurisdiction regarding selling of property of minors which is sine qua non as per..........
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 30, 24 -- Power to search and seize records - Offence u/s 23 of the Act - Condition precedent for the search of a clinic is that Appropriate Authority must have reason to believe that an offence under the Act has been or is being committed - In the instant case, there is no..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While exercising power U.O.7.R.11 CPC, Court has to see whether plaintiff establishes a cause of action and whether from the averments by itself would invite a decree - It is not necessary for Court to consider overall defect of case of plaintiff as well as defendant for arriving at conclusion as to..........
Arbitration and Conciliation Act, 1996, Section 29A(5), (6), (7), (8) -- Time limit for arbitral award - Extension of time - Power to extend time period for making of award vests with Court and not with arbitral tribunal - Therefore, arbitral tribunal may not pronounce award till an application u/s 29-A(5) of the Act is sub-judice before Court...........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 132 -- Summoning of additional accused who deposed as PW - Appellant has been summoned as an additional accused u/s 319 Cr.P.C. not only on the basis of his pre-summoning statement but on the basis of the statement of PW1 - There is prima facie material for exercise of power u/s 319 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Law as to: (i) Accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence - Once he is arrested, only remedy available to him is to apply for regular bail either u/s 437 or S.439 Cr.P.C, as the case may be; (ii) There is no express or..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaintiff has not sought decree of possession but has only sought decree of injunction and claims to be in possession of property which is subject matter of sale deed - Power of attorney on the strength of which sale deed sought to be avoided by plaintiff was executed is also..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Illegal encroachment made by defendant on the street in question - Power exercised by Trial Court by appointing Kanungo Incharge of area as Local Commissioner cannot be stated to be illegal, perverse or against law, as report which will be submitted by Local Commissioner would assist the Court in properly..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction by trial Court - Accused acquitted in appeal - In Revision High Court convicted accused - High Court as per S.401(3) Cr.P.C does not have authority to convert a finding of acquittal into one of conviction while exercising its revisional power - If..........
Registration Act, 1908, Section 68 -- Cancellation of registered deed - Registering authority has no power to cancel the document already registered - Power conferred on Registrar by virtue of S.68 of the Act is not with respect to cancellation of a registered document...........
