Protection of Women From Domestic Violence Act, 2005, Section 26 -- Scope - Provision of S.26 of the Act is inserted with an objective that in addition to the provisions of S.12, the aggrieved person is entitled to any relief available u/ss 18, 19, 20, 21 and 22 in any legal proceeding, before a Civil Court, Family Court or a Criminal Court, affecting the aggrieved person..........
Interlocutory order - - Scope - Every order passed during pendency of the proceedings may be an interim order but every interim order may not necessarily be an interlocutory order...........
Interlocutory order - - Scope - Only those orders would not be interlocutory order which decide matters of moment, have an element of finality, or affect vital and valuable rights of the parties and which work serious injustice to the party concerned - There may be orders which though passed at the interim stage decide material issues and which have great bearing on the..........
Constitution of India, 1950, Article 226 -- Writ petition - Scope of interference in orders passed by Tribunal under Employees Provident Fund Act - Judicial review - It is only when order of tribunal is perverse or irrational and is based on no evidence or misinterpretation of law, then only interference will be called for, otherwise, High Court will sit in appeal over the..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Scope - Provision of O.23.R.1 applies only when cause of action and relief claimed in the second suit are the same as in the first suit - Mere identity of some issues in the suits does not bring about an identity of the subject matter in the two suits...........
Indian Penal Code, 1860, Section 354, 354A -- Scope - Once an offence falls u/s 354 IPC even if ingredients of S.354A IPC are satisfied, the accused will be punished u/s 354 IPC the same being more serious in nature as it prescribes the minimum sentence of one year and term for imprisonment which may extend to five years...........
Criminal Procedure Code, 1973, Section 195, 340, 345 -- Scope - Civil, Criminal, Revenue, Consolidation Courts can exercise rights u/s 195 read with S.340 Cr.P.C. if any overt act as mentioned in S.195 Cr.P.C. is committed during proceedings of the case before such Court...........
Constitution of India, 1950, Article 226 -- Judicial review - Scope - It is confined only to illegality, irrationality or procedural impropriety committed by the decision making authority - Moreover, Court cannot sit in appeal over the soundness of the decision by the Competent Authority and Court can only examine whether decision making process was fair, reasonable,..........
Gujarat Provincial Municipal Corporations Act, 1949, Section 127 - - Constitution of India, 1950, Entry 49 List II, Art.265, Bombay Provincial Municipal Corporations Act, 1949, Gujarat Local Authorities Laws (Amendment) Act, 2011 - Levy of property tax on mobile towers - Constitutionality of Ss.127(1)(c), 145A of Gujarat Provincial Municipal Corporations Act under scope of..........
Protection of Women From Domestic Violence Act, 2005, Section 26(2) -- Scope - Any relief available u/ss 18 to 22 of the Act, is in addition to and along with any other relief that an aggrieved person may be entitled to in any other proceedings initiated under other applicable law, in view of S.26(2) of the Act - Though S.23 of the Act does not make any reference to order..........
