Criminal Procedure Code, 1973, Section 202 -- Enquiry u/s 202 Cr.P.C - Direction to conduct in-depth enquiry to other enquiry officer after report was submitted by earlier enquiry officer is not illegal, as earlier enquiry officer had not conducted enquiry with regard to certain allegations levelled in the complaint - Trial Court is well within its power to get..........
Indian Penal Code, 1860, Section 53, Criminal Procedure Code, 1973, Section 433A -- Sentence - Fixed term sentence - Even in a case where Capital punishment is not imposed or is not proposed, Constitutional Courts can always exercise power of imposing a modified or fixed term sentence by directing that a life sentence as contemplated by "secondly" in S.53 IPC shall be of..........
Criminal Procedure Code, 1973, Section 151 -- Arrest of a person to prevent commission of cognizable offence - Police Officer cannot arrest a person without knowledge of a design and without an imminent threat to commit a cognizable offence, that too without a warrant from Magistrate in exercise of power u/s 151 Cr.P.C, as same would fall foul not only u/s 151 Cr.P.C but..........
Minority Educational Institution -- Fixation of fee - Admission and Fee Regulatory Committee (AFRC) would have power only to regulate fee once same is proposed by educational institution itself and it did not take away the power of educational institutions to fix their own fee. (M.P Niji Vyavsayik Shikshan Sanstha Adhiniyam, 2007, S.9)..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Court has power to allow amendments in connection with claims which had become time barred, if special circumstances exist and it is in the interest of justice...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Adequate power is conferred upon Court to recall any witness at any stage of proceeding but with rider that such evidence must be essential to just decision of case...........
Constitution of India, 1950, Article 136 -- Power - In exercise of power under Article 136 of the Constitution of India in respect of cases where concurrent findings are recorded by the Lower Courts, if doubt lingers with respect to the probability or conclusiveness of any circumstance, the evidence has to be scrutinized by Court so as to ensure that the totality of the..........
Constitution of India, 1950, Article 136 -- Power - In exercise of power under Article 136 of the Constitution of India in respect of cases where concurrent findings are recorded by the Lower Courts, if doubt lingers with respect to the probability or conclusiveness of any circumstance, the evidence has to be scrutinized by Court so as to ensure that the totality of the..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope of review cannot be extended to re-appreciation of evidence led by parties before trial Court nor can High Court in exercise of its power of review sit over its own judgment regarding interpretation of a document...........
Service -- Age of retirement - Challenge as to - Age of retirement was reduced from 60 years to 58 years by Company - Clause 17(7)(iii) of Standing Orders only enables company to continue any employee in service till he or she attains the age of 60 years subject to medical fitness at the end of each year - Said clause does not confer any right on employees to seek..........
