Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Provision of O.7.R.11 CPC is not exhaustive - Court has inherent power to see that frivolous or vexatious litigations are not allowed to consume the time of Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Claim in suit based on an agreement executed through power of attorney holder - Court is not debarred from looking into power of attorney - It is open to Court to read terms of Power of Attorney alongwith plaint in the same manner as documents appended to the plaint, which form part of the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of plaintiff that plaint discloses triable issued as such plaint should not be rejected at the initial stage - Entire base of filing of suit is pre-emption agreement executed by Power of Attorney holder - To confer a right and to bind the owner, there has to be a valid Power of Attorney - In the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - `To do all lawful acts' a clause in the power of attorney does not authorise the attorney to sell the land - Acts mentioned in the Power of Attorney are in respect of Court proceedings - There is no clause permitting attorney to sell the property or to enter into any agreement to sell - In the absence of..........
Criminal Procedure Code, 1973, Section 357A -- Victim compensation - Court cannot fix or determine quantum of victim compensation u/s 357-A Cr.P.C, rather Court has power only to recommend to District or State Legal Service Authority to pay compensation, without quantifying the amount, which has to be quantified and assessed adequately by the State or District Legal..........
Criminal Procedure Code, 1973, Section 438, 357A -- Anticipatory bail - Granted with condition to pay victim compensation - Offence u/ss 420, 406 IPC - Bail was granted on merits after considering relevant considerations - Court imposed a condition that accused jointly will pay Rs.1 lakh victim compensation on submission made by accused at the time of hearing that they are..........
Criminal Procedure Code, 1973, Section 216(1) -- Addition of charge - Test to be applied in exercising power to add a charge - It is existence of sufficient materials on record which have direct link, nexus or connection with ingredients of offence...........
Criminal Procedure Code, 1973, Section 216(1) -- Addition of charge - When trial Court exercises power u/s 216 Cr.P.C that too at a stage after examination of accused u/s 313 Cr.P.C to add a charge for an offence which prosecution has not alleged against accused, it is necessary that trial Court shall specifically indicate the materials on record which form basis for..........
Criminal Procedure Code, 1973, Section 160 -- Attendance of witnesses - Power of police officer - S.160 Cr.P.C states that a police officer investigating a case can require attendance of any person who is residing within limits of his own police station or any adjoining police station and who appears to be acquainted with facts of case under investigation - In the instant..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.306 IPC to S.302 IPC - Charge framed by Magistrate is in accordance with materials produced before him or subsequent evidence which comes on record - Defence of accused is to be seen at the trial, not at the time of framing charge - For purpose of framing of charge Court only needs to prima facie..........
