Criminal Procedure Code, 1973, Section 311 -- Summoning of a witness - S.311 Cr.P.C. gives wide powers to Court to summon a witness or re-examine a witness who already been examined - Word "any" used in the S.311 Cr.P.C. as a pre-fix would also include a person who is not cited as a witness...........
Indian Penal Code, 1860, Section 304A, 279, 338, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 304-A, 279, 338 IPC - Quashing of proceedings - Settlement arrived at between parties - However, proceedings cannot be quashed, as alleged offences cannot be treated as a private dispute between parties, so as to persuade Court to accept compromise and to quash..........
Civil Procedure Code, 1908, Section 151 -- Correction of error in affidavit - U, signed affidavit - Court is duly vested with powers u/s 151 CPC to correct any error and if there is any mistake on the part of witness by not putting the signature on the affidavit, Court can certainly ask such person to do the needful - Moreover, objection to the same has to be pointed out..........
Constitution of India, 1950, Article 226, 227 -- Power of Court - Educational matter - Court while exercising powers under Arts. 226, 227 of the Constitution is not expected to interfere with the functioning and order of the educational institutions unless there is a clear case of violation of some statutory rules or legal principles - Moreover, there must be strict purity..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - If a matter is covered by an express letter of law, Court cannot give a go by to the statutory provisions and instead evolve a new provision in the garb of inherent jurisdiction...........
Income Tax Act, 1961, Section 125A, 153 -- Concurrent jurisdiction - Conferment of `concurrent' jurisdiction upon the ITO & IAC - When IAC is given same powers and functions which are to be performed by ITO, ITO does not stand denuded of powers to make an assessment - It is open to the ITO to assume jurisdiction and pass the assessment order in case the IAC does not..........
Maintenance and Welfare of Parents and Senior Citizen Act, 2007, Section 23, 4 -- Scope - To provide speedy redressal of grievance, Act vests powers in the Tribunal to make any transfer of property void...........
Constitution of India, 1950, Article 136 -- Entry 53 of List I - Power of Union to legislate and take policy decisions in relation to mineral oil - There is no existing legislative provision as far as fixing of the price of RLNG is concerned - Thus, executive of Union of India is well within its right to exercise its powers under Constitution...........
Interpretation of statute -- Power to invalidate a legislative or executive act lies with the Court - Judicial pronouncement either declaratory or conferring rights on citizens cannot be set at naught by a subsequent legislative act for that would amount to encroachment on judicial powers - However, legislature would be competent to pass amending or a validating act, if..........
Civil Procedure Code, 1908, Section 151 -- Recall of an order - Order closing right to file objections - Order neither appealable nor revisable - Review against such order also does not lie as scope of review is limited - Invocation of powers u/s 151 CPC for recalling such order held, proper...........
