Prohibition of Child Marriage Act, 2006, Section 3, Criminal Procedure Code, 1973, Section 472, 473 -- Child marriage - Extension of period of limitation to file complaint - Court has power to extend period of limitation if it deems appropriate in cases where minor victims are not able to file their complaints within time...........
Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950, Article 142 -- Divorce by mutual consent - Settlement - Supreme Court in exercise of its power u/art 142 of Constitution, in view of settlement between parties, has discretion to dissolve marriage by passing a decree of divorce by mutual consent without being bound by procedural requirement to move second..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 32 -- Divorce - Irretrievable breakdown of marriage - Supreme Court in exercise of its power u/art 142 of Constitution has discretion to dissolve marriage on the ground of irretrievable breakdown, where it is satisfied that marriage between parties completely failed and there is no possibility that..........
Criminal Procedure Code, 1973, Section 309, 167(2) -- Transfer of undertrial prisoner from one place to another - Power to direct transfer of undertrial prisoner from one jail to another vests with Magistrate/Court which had remanded detenue to a certain prison...........
Criminal Procedure Code, 1973, Section 309, 167(2) -- Transfer of undertrial prisoner from one place to another - Power to remand or transfer of an undertrial prisoner from one jail to another is to be exercised by Court by passing a judicial order, obviously after providing opportunity of being heard and change in the place of detention would be permissible only with..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- As in J&K - Written statement - Not filed within statutory period of 120 days - Condonation of delay - Period of 120 days prescribed for filing written statement is mandatory in State of J&K after abrogation of Art.370 of Constitution and Court has no power to extend the same - Application for condonation of delay rightly..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - At the stage of taking cognizance, Magistrate has no power to add or alter Sections considering case diary and charge sheet...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compliant by power of attorney holder - Such power of attorney holder or legal representative should have due knowledge about the transaction in question - Power of attorney holder accountant of complainant and working under him - Under such circumstances, his knowledge itself is presumed and that has..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Magistrate has no power to order further investigation suo motu after taking cognizance on charge sheet - He could order for further investigation in exceptional circumstances and that too on the prayer of I.O...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Power u/s 205 Cr.P.C is not meant to be used routinely but only when circumstances so demand...........
