Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Law as to : (i) Review proceedings are not by way of an appeal and same have to be strictly confined to the scope and ambit of O.47.R.1 CPC; (ii) Review is not to be confused with appellate powers, which may enable an appellate court to correct all manner of errors committed by the subordinate court;..........
Companies Act, 1956, Section 397, 398 -- Jurisdiction of NCLT - NCLT/CLB possess a wide jurisdiction to decide all such matters that are incidental and/or integral to complaint alleging oppression and mismanagement - Such power is however, subject to any other legislative enactment specifically debarring NCLT/CLB from exercising its powers in this respect...........
Power of Attorney Act, 1882, Section 2 -- General Power of Attorney (GPA) - GPA in question merely authorises grantee to manage affairs of suit property which includes power to let out property on rent and create a mortgage of the same etc. - However, it is silent on the aspect of conveyance - Recitals of power of attorney would indicate the intent of grantor is to limit..........
Mutation -- Order passed in mutation proceedings - Not amenable to writ jurisdiction - Mutation proceedings being of a summary nature drawn on basis of possession do not decide any question of title and orders passed in such proceedings do not come in the way of a person in getting his rights adjudicated in a regular suit - Such petitions are not to be entertained in..........
Environment clearance -- National Green Tribunal (NGT) should act within contours of powers conferred on it which is S.15 of the NGT Act - Though such power would be available to a Court constituted under PMLA or to constitutional Courts, it would not be available for exercise by NGT, constituted to ensure effective and expeditious consideration of cases relating to..........
Indian Penal Code, 1860, Section 498A, 323, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Matrimonial offence - Settlement - Quashing of proceedings - Once marital relationship has ended in divorce and parties have moved on in their lives individually, continuation of criminal proceedings against family members, especially in absence of specific and..........
Electricity Act, 2003, Section 61, 62 -- Electricity (Late Payment Surcharge) Rules, 2022, R.4, Draft RERC (Terms and Conditions for Determination of Tariff) Regulations, 2025, Regul.91 - Tariff for creating regulatory assets - Tariffs are determined, and that truing up is conducted in a timely manner, by exercising suo motu powers if necessary - In case of non-compliance..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Where a dispute which is essentially of a civil nature, is given cloak of a criminal offence, then such disputes can be quashed by exercising inherent powers u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Recall of order - Exercise of inherent powers is not limited to a separate application filed u/s 482 Cr.P.C and such power can be exercised by Court in any proceeding before it to make such orders as may be necessary to give effect to any order under Cr.P.C or to prevent abuse of process of any Court or otherwise to secure the..........
Criminal Procedure Code, 1973, Section 482 -- Recall of order - Court in exercise of its inherent powers recognized u/s 482 Cr.P.C, can recall an order passed in any case ex-parte upon sufficient cause being shown for non-appearance when the case was decided - However, in exercise of inherent powers a Bench of High Court cannot interfere in any order passed by another..........
