Hindu Marriage Act, 1955, Section 7(1) -- Marriage - S.7(1) of the Act confers discretion on parties to solemnise marriage as per customs and ceremonies of either party, without mandating any particular ceremony...........
Civil Procedure Code, 1908, Section 34 -- Interest - Suit decreed with all consequential benefits, however, no interest was granted - Once judgment and decree passed by trial Court was clear and explicit with respect to interest not awarded, no illegality or perversity can be found with discretion exercised by Executing Court having denied the interest - Executing Court..........
Family Courts Act, 1984, Section 14, Evidence Act, 1872, Section 122 -- Production of documents - Family Court has discretion to admit any evidence which is relevant for adjudication of dispute without referring to restrictions and technicalities prescribed under Evidence Act and also as to whether same is collected legitimately or otherwise...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-compliance of mandatory notice u/s 80 CPC, S.280 of Maharashtra Zilla Parishads Act and S.180 of Maharashtra Villages Panchayat Act before filing of suit - Provisions of S.280 of Zilla Parishad and S.180 of Village Panchayat are not analogues to S.80 CPC and under both the Acts there is no provision..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Bail/anticipatory bail - Directions issued: (i) No trial Court or any of High Courts shall pass any order of grant of regular bail or anticipatory bail on any undertaking that accused might be ready to furnish for the purpose of obtaining appropriate reliefs; (ii) High Courts as well as trial Courts shall decide..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Condonation of delay is a matter of discretion of Courts and S.5 of the Act does not say that such discretion can be exercised only if delay is within a certain limit...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35(3), 35(6) -- Notice u/s 35(3) BNSS - Failure to comply with notice does not lead to automatic arrest, as there lies a discretion with Investigating Agency which must be of opinion that arrest of concerned person is necessary for the purpose of investigation...........
Service -- Pension is not a discretion of employer but a valuable right to property and can be denied only through authority of law...........
Criminal Procedure Code, 1973, Section 200 -- Issuance of process - Discretion entirely lies with complainant either to approach Magistrate or to approach Police - There is no bar to approach Magistrate with a criminal complaint instead of approaching Police even in cases where cognizable offences are disclosed from contents of criminal complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of fine - Act do not prescribe criteria for determination of quantum of fine to be imposed, but discretion is given to Courts to impose suitable fine taking note of several circumstances including amount of cheque and also time consumed for trial of case and other attending circumstances...........
