Criminal Procedure Code, 1973, Section 133, 397(3), 482 -- Second revision - Power under Section 482 Cr.P.C. has to be exercised sparingly and such power not to be utilized as a substitute for second revision - Ordinarily, when a revision has been barred under Section 397(3) of the Code, the complainant or the accused cannot be allowed to take recourse to revision before..........
Criminal Procedure Code, 1973, Section 239, 240, 397 -- Framing of charge - Challenge as to - By filing revision - Examination of record by revisional Court as if it would determine the issue after leading evidence and in a trial - He has also weighed the correctness of the allegations made in the FIR and the statements under Section 161 Cr.P.C. to arrive at a conclusion..........
Punjab Municipal Act, 1911, Section 195A(2), 189(1)&(2), 234, Criminal Procedure Code, 1973, Section 468 -- Continuing offence - Notices issued by Nagar Council stating therein that the respondents had started construction without obtaining requisite sanction from the Nagar Council - They were asked to stop the construction and demolish the construction which they have so..........
Consumer Protection Act, 1986, Section 3, 2(1)(g) -- Deposit refund - Deficiency in service - Additional remedy - Pendency of the petition before the Company Law Board or the High Court - It does not result in a ban on the functioning of the Consumer Fora - Section 3 of the Act is an additional remedy available to the Consumers - Consumer has a right to file complaint..........
Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 -- Specific Relief Act, 1963, Section 34 - Declaratory suit - Title suit - Substantive prayers in suit are for declaration that the plaintiffs `are fully entitled' to the suit bonds and certain reliefs which are founded upon this declaration - Held that a suit for such a declaration would..........
Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 13 - - Civil Procedure Code, 1908, Section 11 -Res judicata - Doctrine of - Findings of the Special Court that Section 13 of Act of 1992 overrides the doctrine of res judicata repelled - Not intended to abrogate all the established principles of law, unless they were directly in..........
Indian Penal Code, 1860, Section 306, 498A -- Evidence Act, 1872, Section 113A - Abetment of suicide - Death of bride within 4 months of marriage -Demand of a tape recorder and Rs.10,000/- from father of the bride - Within short span of four months deceased on several occasions informed her father that she was being troubled by he/husband and his elder brother -Prosecution..........
Specific Relief Act, 1963, Section 16(c) -- Ready and willing - Basic principle behind Section 16(c) read with Explanation (ii) is that any person seeking benefit of the specific performance of contract must manifest that his conduct has been blemishless throughout entitling him to the specific relief - The provision imposes a personal bar - Court is to grant relief on the..........
Hindu Succession Act, 1956, Section 8 -- Right of Reversioners - Suit for declaration by one of the revisioner that sale of ancestral immovable property not binding on revisionary rights - Suit decreed by Lower Appellate Court & High Court - Compromise entered between revisioner and alienee before Supreme Court - Subsequent suit by other heirs /revisioners claiming right..........
Specific Relief Act, 1963, Section 16 -- Readiness and willingness - Agreement to sell - Categoric averment in plaint and evidence regarding readiness and willingness - No issue framed regarding non-fulfillment of requirements of section 16 (c) - Suit decreed by Trial Court - Judgment affirmed by First Appellate Court - High Court in appeal held that pleading in plaint not..........
