Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22 -- When Section 22 of the Act says that the Tribunal shall not be bound by the procedure laid by the Code of Civil Procedure, it does not mean that it will not have jurisdiction to exercise powers of a Court as contained in the Code of Civil Procedure - Rather, the Tribunal can travel beyond..........
Indian Penal Code, 1860, Section 498A, 406, Dowry Prohibition Act, 1961, Section 6, Criminal Procedure Code, 1973, Section 190(1), 156(3), 468, 473 -- Dowry demand - Complaint that wife was beaten by husband, mother-in-law and sister-in-law as her parents failed to satisfy demand of dowry and sent out of matrimonial home - Magistrate took cognizance of offence on report..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Injunction order passed by Court not complied with - Registration of case under Section 406 I.P.C. against defendant - Per se would not constitute sufficient ground for passing order attaching property before judgment...........
Criminal Procedure Code, 1973, Section 482 -- Power to impose costs - While exercising inherent jurisdiction under Section 482, Court has power to pass `such orders' (not inconsistent with any provision of the Code) including the order for costs in appropriate cases, (i) to give effect to any order passed under the Code or (ii) to prevent abuse of the process of any Court..........
Negotiable Instruments Act, 1881, Section 138 -- Market Committee - Previous sanction to maintain legal proceedings - Previous sanction contemplated by S.84(4) of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 is not applicable to the prosecution proceedings for an offence under Section 138 of the Negotiable Instruments Act - Complaint is maintainable...........
Haryana Urban Development Authority Act, 1977, Section 17(1), 17(2) -- Construction in violation of building plan and allottee also not paid instalments - Allottee's reply reiterating request for issuance of DPC Certificate - Estate Officer asked allottee to remove violations pointed out in Inspection Report as a condition precedent to issuance of DPC Certificate and also..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Suo motu exercise of powers by Financial Commissioner against order of 1985 of Allotment Authority - Objection of inordinate delay - Not valid - Even if no regular revision petition is filed and if facts about illegality of proceedings or orders of any subordinate Revenue Officer conies to the notice of..........
Land Acquisition Act, 1894, Section 4, 6, 17 -- Publication in newspaper on the same day of Notifications under Sections 4 and 6 read with Section 17 - Acquisition proceedings not vitiated - Right of citizen not affected by simultaneous publication of two Notifications in the newspaper - Unless a clear case of prejudice made out - Not fair to quash acquisition proceedings..........
Civil Procedure Code, 1908, Section 151 -- Under Section 151 of the Code, the Court has the inherent powers to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court...........
Civil Procedure Code, 1908, Section 151, 144 -- Restoration of possession - Inadvertent mistake of Court in directing warrants of possession to be issued - Possession taken in pursuance of such warrants of possession - Cannot be retained - Plea that application under Section 144 maintainable only if there was any variation or reversal of judgment or decree in appeal or..........
