Criminal Procedure Code, 1973, Section 156(3) -- Word "may" occurring in S.156(3) Cr.P.C is of utmost significance - It gives Magistrate a discretionary power to order or not for an investigation into the cognizable offence disclosed in the application...........
Suit for possession -- Suit for possession and mesne profits - Suit filed on the basis of agreement to sell, Power of Attorney, an Affidavit and a Will - No title can be transferred with respect to immovable property on the basis of an unregistered agreement to sell or on the basis of an unregistered General Power of Attorney - Even if agreement to sell and power of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney of a company/firm - Complaint filed by firm in its name and is represented by its Branch Manager, who has been authorised as per Resolution - There is also a specific assertion in complaint that PW1 is competent to represent firm - PW1 is aware of transactions between..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney of a company/firm - Complainant produced statements of accounts which shows that outstanding amount due from accused to complainant tallies with amounts covered by cheques - Complainant has discharged its initial onus of proof by satisfying the concomitants constituting..........
Criminal Procedure Code, 1973, Section 133, 256 -- Proceedings u/s 133 Cr.P.C - Invocation of Power u/s 256(1) Cr.P.C - Executive Magistrate or Sub Divisional Magistrate or District Magistrate cannot invoke S.256 Cr.P.C in a proceedings u/ss 133 to 138 of Cr.P.C...........
Criminal Procedure Code, 1973, Section 91, 311A -- Voice sample - Voice sample was sought not from accused during course of investigation but from witnesses, who during the course of examination had denied their voices - Magistrate has power to direct recording of voice samples, based on principles of ejusdem generis and also on principle that fundamental right to privacy..........
Criminal Procedure Code, 1973, Section 311A -- Specimen signatures - Power of Magistrate - Magistrate has a statutory duty to pass a speaking order after application of mind before invoking powers u/s 311-A Cr.P.C...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Cannot be accepted as strait jacket formula for grant of divorce under Article 142 of the Constitution of India - Exercise of power to dissolve the marriage should be exercised by balancing out the equities between the conflicting claims of parties - Such discretion should be exercised..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Condonation of delay being a discretionary power available to Courts, exercise of discretion must necessarily depend upon sufficiency of cause shown and degree of acceptability of the explanation and length of delay is immaterial...........
Hindu Marriage Act, 1955, Section 21A -- Scope - It is for the Court itself to exercise power and transfer the suit in appropriate cases - It does not even require any party to file an application...........
