Family Courts Act, 1984, Section 10, Civil Procedure Code, 1908, Order 3, Rule 1 -- Family Court - Duty bound to follow the Code of Civil Procedure as it is deemed to be a Civil Court for the purposes of provisions of the Act and possesses the powers of a Civil Court...........
Criminal Procedure Code, 1973, Section 190 -- Summoning of additional accused - After framing of charges - Once trial Court frames charges against accused received by it on committal, threshold of S.190 Cr.P.C no longer exist - Committal Court can summon accused by resorting to powers u/s 193 Cr.P.C...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of witness - Inherent powers u/s 151 CPC - Cannot be exercised when specific remedy to recall a witness is available U.O.18.R.17 CPC...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16, 22(2) -- Eviction order - Writ petition thereagainst - Held, writ petition is maintainable as order of eviction is passed by District Magistrate, acting in pursuance of his powers conferred under Action Plan as no appeal u/s 16 is available which could have been filed against order of District..........
Foreign judgment -- Binding effect on Indian Courts and Authorities - Judgment and order of conviction of foreign Court for offence committed in India can be noticed/looked into and recognized by judicial and quasi-judicial authorities in India while exercising their judicial and quasi-judicial powers but same will not be ipso facto binding on such Courts and Authorities..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statements recorded u/s 161 Cr.P.C. and material collected during investigation cannot be taken into account as evidence for summoning accused - It is only evidence recorded during trial which can form basis for exercise of powers u/s 319 Cr.P.C...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - U.O.7.R.11 CPC plaint is reject and it is not that suit is dismissed - Rejection of plaint and dismissal of suit are different and distinct - No suit can be dismissed by invoking powers U.O.7.R.11 CPC, as said order deals only with rejection of plaint - In the instant case, Trial Court dismissed the suit..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Held, Court has got enough powers u/s 151 CPC to undo the illegalities done by the opposite party during pendency..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C. - Executive Magistrate directed issuance of notice to petitioner on the very same day without caring to draw up a preliminary order as mandated u/s 133(1) Cr.P.C. - Magistrate did not pass a preliminary order in terms of S.133 Cr.P.C. - Since allegation of public nuisance was opposed by petitioner,..........
Wakf Act, 1995, Section 27, 32, 38, Kerala Waqf Rules, 1996, Rule 3 -- Power of Chief Executive Officer - Confined only to administrative matters - Chief Executive Officer has no power to pass any orders in exercise of quasi-judicial power vested with Waqf Board u/s 32(2) of the Act - Moreover, Chief Executive Officer cannot usurp powers of Board in quasi-judicial matters..........
