Civil Procedure Code, 1908, Order 7, Rule 11 -- Court can exercise power at any stage of the suit - At any time before conclusion of trial, before registering plaint or after issuing summons to defendant...........
Advocates Act, 1961, Section 35, 36B, 35(3d), 38 -- Advocate - Professional misconduct - Appellant obtained power of attorney on misrepresentation in his favour and sold the property of the complainants - Appellant fraudulently appropriated the sale proceeds for his gain - Held, appellant has committed a grave professional misconduct - Name of appellant removed from..........
Criminal Procedure Code, 1973, Section 199, Indian Penal Code, 1860, Section 500 -- Defamation - Complaint through power of attorney holder - Leave of Court - If complaint is instituted through power of attorney holder then leave of Court is required - Even in the absence of a separate petition and specific orders, grant of such leave can be assumed - In the instant case..........
Criminal Procedure Code, 1973, Section 199(1), Penal Code, 1860, Section 500 -- Defamation - Complaint - Power of Attorney - Complainant, against whom malicious and defamatory imputations and insinuations published, a person employed in Dubai - Complaint filed by him through his power of attorney held not offending Section 199(1) Cr.P.C. and is competent...........
Penal Code, 1860, Section 420,406,392,427,504,506,109, 120B -- Quashing of FIR - Accusation made against the petitioner found to be substantiated during the investigation of the case and charge framed against him - Cannot be said that no case at all is made out against the petitioner-accused - Circumstances of the case not warranting exercise of power u/s 482 Cr.P.C. -..........
Civil Procedure Code, 1908, Order 3, Rule 2, 4 -- General power of attorney holder - Has no right of audience - Not entitled to plead and argue - Power to plead on behalf of a party in judicial proceedings vests only with the pleader...........
Civil Procedure Code, 1908, Order 3, Rule 2, Evidence Act, 1872, Section 118 -- Power of attorney holder - Pronote - Execution - Proof - Plaintiff not appearing as a witness - Power of attorney was present at the time of execution of pronote and receipt - Held, power of attorney holder is competent in the circumstances of the case to depose regarding execution of pronote..........
Civil Procedure Code, 1908, Order 3, Rule 2 -- Evidence Act, Section 118 - Right of holder of power-of-attorney to prove transaction - Power-of-attorney holder present when transaction had taken place i.e. pronote and receipt executed - Competent to depose regarding execution of pronote and receipt as well as receipt of money - Plea that holder of power-of-attorney cannot..........
Criminal Procedure Code, 1973, Section 482 -- Inherent power - Quashing of FIR - Theft of electricity - Power u/s 482 Cr.P.C. is to be sparingly invoked particularly in respect of matters which are covered by other provisions of the Code - Said remedy is hardly suited to go into a question of fact whether a case for compounding is made out and whether the claim of HVPN has..........
Criminal Procedure Code, 1973, Section 133(I)(ii),138 -- Modification/alteration of order - It is permissible to read into Sections 133(1) (ii) and 138 a power to modify/alter an earlier final order passed under Section 138 if the necessary circumstances are established satisfactorily...........
