Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint filed by `special attorney' appointed by Power of Attorney holder - Power of attorney holder cannot delegate his powers to another person but the same can be delegated when there is a specific clause permitting sub-delegation - In the instant case company appointed power of attorney..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside - Appeal u/s 96 CPC and an application U.O.9.R.13 CPC was preferred against ex parte decree - Right of defendant u/s 96 CPC cannot be taken away - Both appeal as well as application U.O.9.R.13 CPC would be maintainable...........
Hindu Marriage Act, 1955, Section 13B, 28 -- Divorce by mutual consent - Appeal against decree of divorce by mutual consent is maintainable...........
National Investigation Agency Act, 2008, Section 21 -- Appeal - Maintainability - Order framing charge or order altering or refusing to alter charge passed by Special Court under the Act, is an interlocutory order and thus, not appealable u/s 21(1) of the Act - Appeal is not maintainable...........
Criminal Procedure Code, 1973, Section 482 -- Petition u/s 482 Cr.P.C against conviction - Maintainability - Accused is challenging conviction and sentence passed by trial Court by exercising power u/s 255 Cr.P.C - Therefore, accused is required to file appeal u/s 374(2) Cr.P.C before Sessions Judge where first appellate Court required to re-appreciate evidence on record..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - At the instance of Juvenile - Not maintainable, as JJ Act is a comprehensive legislation containing all the provisions with regard to children in conflict with law and provisions of S.438 Cr.P.C thus, have no application being extraneous and incompatible with the JJ Act...........
Stamp Act, 1899, Section 33, 40, 47A -- Proceedings u/ss 33, 40, 47-A of the Act - Maintainable against an assessee even if no benefit has been derived from unregistered instrument of transfer...........
Criminal Procedure Code, 1973, Section 97, 362 -- Second application u/s 97 Cr.P.C - Barred by Res judicata - Wrongful confinement of child by father - Dispute between mother and father regarding custody of minor child which was forcibly taken by father - Whether such allegations are correct or not would depend on facts and circumstances of case, but if allegations..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 19(4) -- Interim maintenance - Granted by Family Court - Revision u/s 19(4) of Family Courts Act is maintainable...........
Rajasthan High Court Rules, 1952, Rule 134 -- Intra Court appeal - Against appellate order of Single Judge is not maintainable u/r 134 of Rules of 1952...........
