Arbitration and Conciliation Act, 1996, Section 9 -- Civil Procedure Code, 1908, Section 20 - Arbitration proceedings - Territorial jurisdiction - Recovery proceedings - Prime contract of which sub-contract forms part was executed at Delhi and part payments were also made in New Delhi - Besides, the restrain/attachment order is being sought in respect of respondent's money..........
Land Acquisition Act, 1894, Section 31, 53 -- Indian Contract Act, 1872, Section 59 & 60 - Code of Civil Procedure, 1908, Order XXI Rule 1 - Provisions of Section 28, 31 & 34 of the Land Acquisition Act and Order XXI Rule 1 CPC are inconsistent with each other - Section 53 of the Act excludes the applicability of provision of CPC, which are inconsistent with the provisions..........
Criminal Procedure Code, 1973, Section 408 -- Criminal case - Transfer of criminal case - Power of Sessions Judge to transfer a case in same Sessions Division - Held that an interested litigant is entitled to invoke Section 409 of the Code before the Sessions Judge for the purpose of withdrawing or recalling cases including revision and appeals already made over to an..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Unless the litigant first moves the Sessions Judge u/ss 408 or 409 of the Code, an application for transfer under Section 407 of the Code before the High Court is not maintainable...........
Criminal Procedure Code, 1973, Section 340 -- For Initiating the proceedings under Section 340 of the Code two conditions must be fulfilled - Firstly, that sufficient material is produced before the Court to make out a prima facie case for lodging a complaint - And secondly that it is expedient in the interest of justice to permit such a prosecution...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Further investigation - Quashing of Investigation & CBI investigation - FIR registered by Punjab Vigilance Bureau into the entire scandal of recruitment of 909 Panchayat Secretaries and investigation conducted by it and a report u/S.173(2) Cr.P.C. also submitted to the competent Court - Prayer for quashing of..........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Further investigation - Quashing of Investigation & CBI investigation - FIR registered by Punjab Vigilance Bureau into the entire scandal of recruitment of 909 Panchayat Secretaries and investigation conducted by it and a report u/S.173(2) Cr.P.C. also submitted to the competent Court - Prayer for quashing of..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- West Bengal Premises Tenancy Act, 1965, Sections 2(d) and 13(1)(a) - Hindu Adoption and Maintenance Act, 1956, Sections 3(b), 18 and 23 - Hindu Marriage Act, 1955, Section 25 - Eviction proceedings - Necessary party - Divorced wife - Impleadment as a party - The recorded sole tenant husband contesting tha suit - There is..........
Prevention of Corruption Act, 1988, Section 5(3), 5(4), Criminal Procedure Code, 1973, Section 156 -- Special Judge under the Prevention of Corruption Act is not a Magistrate within the meaning of sub-section (3) of S.156 Cr.P.C. - Special Judge is incompetent to refer complaint to police to investigate...........
Civil Procedure Code, 1908, Section 16 -- Proviso - Proviso is an exception to the main part of the section - Proviso cannot be interpreted or construed to enlarge the scope of the principal provision - It applies only if the suit falls within one of the categories specified in the main part of the section and the relief sought could entirely be obtained by personal..........
