Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney - Statements of power of attorney on both sides could be read in evidence as the facts relating to sale transaction having taken place in front of them were in their personal knowledge and, therefore, no, appearance of plaintiff and defendant themselves in the witness box could not vitiate their respective..........
Criminal Procedure Code, 1973, Section 386(a), 378 -- Appeal against acquittal - Held, statute does not restrict power of appellate Court to reverse judgment of acquittal and convict the accused...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - Guiding principles are , viz. (i) Court can exercise power u/s 319 Cr.P.C. suo motu or on an application by someone; (ii) It applies to all courts including the Sessions Court; (iii) 'any person not being the accused' in S.319 does not exclude an accused who has been released by the police u/s..........
Evidence Act, 1872, Section 118 -- Child witness - Not able to understand the questions put to her and not able to give any answers - Lacking power of understanding because of her childhood - Court should not examine such a witness...........
Indian Penal Code, 1860, Section 302,149,147,148,450, Evidence Act, 1872, Section 3,118 -- Appellant convicted on the testimony of three eyewitnesses - Appeal - PW2 was child witness and Court itself stated that she lacks power of understanding because of her childhood - Presence of PW1 at the time of incident was doubtful as he himself admitted in his cross examination..........
Criminal Procedure Code, 1973, Section 386(a), 378 -- Appeal against acquittal - Power of appellate Court - No restrictions is placed by Statute on power of appellate Court to reverse order of acquittal and convict the accused...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Corruption case - Ample material on record to hold that petitioner committed offence - Power u/s 482 Cr.P.C. cannot be exercised...........
Karnataka Land Reforms Act, 1962, Section 110 -- Withdraw of exemption granted - Power of Govt. - Exercise of - Held, providing opportunity of hearing is not a precondition for exercise of such power...........
Constitution of India, 1950, Article 162,245 -- Govt. policy - Other political party comes to power - Change of stand - Held, State should not change its stand merely because other political party has come into power...........
Constitution of India, 1950, Article 245 -- Delegation of power by legislature - Factors to be taken into account - Held, legislature must provide sufficient guidelines, conditions on fulfillment of which the Act would be enforced by delegate - Conferring unfettered, uncanalised power without laying down certain norms for enforcement of Act not permissible...........
