Agreement to sell -- Specific performance - Readiness and willingness - Evidence by Power of attorney holder - Plaintiff cannot examine in his place, his attorney holder who did not have personal knowledge either of the transaction or of his readiness and willingness...........
Stamp Act, 1899, Section 47A -- Recall of order passed u/s 47-A of the Act - Power of Collector - Collector has no power to recall and review his own order, as no such power has been conferred u/s 47-A of the Act...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Sale of property - Only such portion of property as would satisfy decree is to be sold and not the entire property - Court's power to auction any property or part thereof is not just a discretion but an obligation imposed on the Court and the sale held without examining this aspect and not in conformity with this..........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Time limit for arbitral award - Extension of time - Power u/s 29-A(4) of the Act vests in the Court as defined in S.2(1)(e) of the Arbitration and Conciliation Act - It is the principal Civil Court of original jurisdiction in a district which includes a High Court provided the High Court has ordinary original civil..........
Arbitration and Conciliation Act, 1996, Section 29A(6) -- Time limit for arbitral award - Extension of time - Power u/s 29-A(6) of the Act is only a consequential power vesting in the Court which is empowered to extend the time - If the Court finds that cause of delay is one or all of the arbitrators, while extending the time, Court has power to replace and substitute the..........
Consumer Protection Act, 1986, Section 21(a), 21(b) -- Power under both the provisions are different and distinct - Power u/s 21(b) is very limited...........
Consumer Protection Act, 1986, Section 21(b) -- Revision - In the absence of anything suggesting that the State Commission had acted in the exercise of its jurisdiction illegally or with materially irregularity, interference with an order of State Commission confirming the order of District Forum, in exercise of the limited revisional power u/s 21 (b) of the Act, by NCDRC,..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 101, Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 13 -- Words `Children's Court' and `Court of Sessions' in JJ Act and JJ Rules shall be read interchangeably - Primarily jurisdiction vests in the Children's Court - However, in the absence of constitution of such Children's..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C can be exercised only when evidence is strong and reliable...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Deposition of PW1 is not sufficient enough to invoke extra-ordinary jurisdiction u/s 319 Cr.P.C to summon appellants, particularly when there are no other witnesses who have deposed against appellants - There is no documentary evidence that prosecution had collected against appellants - Even,..........
