Civil Procedure Code, 1908, Section 24, Family Courts Act, 1984, Section 7, 8 -- Transfer of case - District Judge has power u/s 24 CPC to transfer a case from Family Court to such other Courts, which is vested with jurisdiction to hear family Court matters - In case, there are no such Courts, Family Court matters can only be transferred out of district, power of which is..........
Civil Procedure Code, 1908, Section 24, Family Courts Act, 1984, Section 7, 8 -- Transfer of case - Transfer of case from one Family Court to another Family Court within same district - Transfer application can only be made to District Judge...........
Evidence Act, 1872, Section 118 -- Child witness - Competency - Voir Dire Test - Not mandatory as per Statue - Practice now followed is to examine child before he is administered oath - Procedure of Voir Dire assumes only role of a preliminary enquiry - Conclusion of judge on Voir Dire conducted is based on subjective evaluation of answers given by child, which may be..........
Tender -- Technical bid - Eligibility of bidder - Three experts committees scrutinized respondent no.1's tender and found him ineligible - No malafides or perversity found in technical expert reports - It is thus not possible for Writ Court sitting in judicial review to interfere in tender process as is done by Division Bench - Single Judge was correct in his reliance on..........
Criminal Procedure Code, 1973, Section 439 -- Bail - High Court has no jurisdiction to direct Sessions Judge to `allow' the application for grant of bail, as judicial independence of every Court in passing orders in cases is well settled, which cannot be interfered with by Court including superior Court...........
Evidence Act, 1872, Section 73 -- Comparison of signature - Courts to take assistance of experts - S.73 of the Evidence Act does not bar the judge from ultimately deciding whether the signatures are forged or not - Still as a rule of prudence in disputed cases, it is always desirable that Court should secure opinion of quality handwriting expert on the subject - After..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Recovery of 430 gms heroin - Manner of conducting trial - Charges were framed referring to contraband as heroin although chemical examiner's report showed that samples contained codeine and morphine - More so, charges as well as conviction alternatively recorded u/s 22 of the Act, which refers to..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Special Judge - Order passed by Special Judge while deciding regular criminal appeal in the capacity of a Sessions Judge in a case involving offence under IPC - Cannot be construed to be an order passed under any of provisions of SC/ST Act so as to require filing of an appeal u/s..........
Arbitration and Conciliation Act, 1996, Section 34, 11 -- Arbitration - Work contract - Quantum of interest - Delay in invocation of Arbitration clause - In the instant case on account of delay in supply by respondent, petitioner party paid deducted payment and liquidated damages - First arbitrator took 6 years to pass order - However, Division Bench set aside order of..........
Service -- Fixation of pay scale - Reduction of basic pay - Absorption of Company into subsidiary company - Assurance of pay protection to employees of company transferred to its subsidiary company was given - Pay fixation was to be made in the manner that total emoluments drawn were not less - Employees who were receiving old pay scale principle of fitment in revised pay..........
