Ancient Monuments and Archaeological Sites and Remains Act, 1958, Section 19, 20, Ancient Monuments Preservation Act, 1904, Section 20C - - `Protected area' - Manner of user - Held, the Act of 1958 contains additional restriction pertaining to user of `Protected area' - There can be no construction without permission of Central Govt. subsequent to coming into force of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exercise of revisional jurisdiction - Held, in exercising its revisional jurisdiction, High Court is not supposed to further re-appreciate the evidence already appreciated and re-appreciated by trial court and Appellate court - In exercising its such power when invoked by a convict challenging validity,..........
Civil Procedure Code, 1908, Order 2, Rule 3, Arbitration and Conciliation Act, 1996, Section 8 -- Cause of action - Joinder of - Power of Court - Held, in cases where separate causes of action based on independent contracts are united in one suit and some of those contracts contain provision for arbitration while others do not, it is within power of Court to direct..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Passing of order or decree - Power of appellate court - Held, O.41.R.33 of the Code is an enabling provision and empowers appellate court to pass any decree or order which ought to have been made and to make such further order or decree as the case may require, even if the party or parties may not have filed any appeal or..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of handwriting - Power of Court - "K" is not an accused in the case and is also not a witness - Held, it is not within the powers of trial Court to compel him to give his handwriting for comparison with the alleged disputed writings - Prayer u/s 45 of the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fees - This power is conferred by legislature on the Court - This plea can be taken in written statement and the same is not available in an application U.O.7.R.11 CPC...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Apex Court directed lower Court to consider and decide matter expeditiously - Matter seized with lower Court since 01.12.2007 whereby summons were issued to applicants to appear in the case - Said order was modified by same Court by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Production of - Power of Appellate Court - Held, jurisdiction of appellate court is to be exercised not only when Cl.(a) and (aa) of sub-rule (1) of R.27 of O.41 the Code is attracted but also when such a document is required by Appellate Court itself to pronounce judgment or for any other substantial..........
Criminal Procedure Code, 1973, Section 482 -- Exercise of inherent power - Court in exercise of inherent power cannot direct a particular agency to investigate the matter or to investigate a case from a particular angle or by a procedure not prescribed in Cr.P.C. - Such powers should be exercised very sparingly to prevent abuse of process of any Court...........
States Reorganization Act, 1956, Section 51 -- Chief Justice is the master of roster - Chief Justice has full power, authority and jurisdiction in the matter of allocation of business of the High Court - A Judge or a Bench of Judges can assume jurisdiction in a case pending in the High Court only if the case is allotted to him or them by the Chief Justice...........
