Criminal Procedure Code, 1973, Section 432, 433 -- Remission and commutation of sentence - Life convict - State Governments debarred by Supreme Court from exercising their powers of remissions and commutations conferred upon them u/ss 432, 433 Cr.P.C. qua life convicts...........
Civil Procedure Code, 1908, Section 151, 152 -- Clerical mistake - Correction as to clerical mistake in reference petition as well as in the award of Land acquisition proceedings - Can be rectified by way of invoking powers u/ss 151, 152 CPC - Application allowed...........
Constitution of India, 1950, Article 226 -- Writ petition - Any person affected by any proceedings under Protection of Women from Domestic Violence Act, 2005, prior to initiation of proceedings u/s 12 of said Act, may prefer Special Criminal Application u/art 226 of Constitution if proceedings are beyond the scope and ambit of Act or without any authority in law - However,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary Injunction - Suit for partition - Appellate court while exercising its powers, is required to act with great care and circumspection - Order of temporary injection is not to be interfered with in routine manner unless and until it is noticed by appellate court that..........
Criminal Procedure Code, 1973, Section 439(2), 437(5) -- Cancellation of bail - Powers granted to Magistrate u/s 437(5) Cr.P.C. and power granted to Sessions Court as well as High Court u/s 439(2) Cr.P.C. are not for cancellation of bail in all circumstances...........
Criminal Procedure Code, 1973, Section 439(2), 437(5) -- Powers of Courts u/ss 439(2), 437(5) Cr.P.C. - Sessions Court and Court of Magistrate under the guise of powers conferred u/ss 439(2) or 437(5) Cr.P.C, cannot review its orders granting bail...........
Criminal Procedure Code, 1973, Section 439(2), 482 -- Cancellation of bail - Powers of High Court u/s 482 Cr.P.C. - High Court is fully empowered u/s 482 Cr.P.C. to cancel an order passed by Subordinate Court, even without the aid of S.439(2) Cr.P.C., when such order result in miscarriage of justice, or it is palpably illegal or unjustified...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Orders granting bail by a Subordinate Court can be cancelled by Sessions Court as well as High Court with the aid of S.439(2) Cr.P.C. - Such powers can be exercised even in cases wherein orders granting bail suffers from serious infirmities resulting in miscarriage of justice or bail has been granted..........
Evidence Act, 1872, Section 137, 138 -- Cross-examination - Attesting witness of agreement to sell - Earlier evidence of plaintiff was closed by orders - Though attesting witness had not appeared on relevant date but his affidavit already produced was not discarded by lower Court - Suit is for specific performance and interest of justice requires that plaintiff should be..........
Criminal Procedure Code, 1973, Section 311 -- Scope - Scope, ambit and object of S.311 Cr.P.C. is wide enough - Powers u/s 311 Cr.P.C. can be exercised by trial Court at any point of time, during course of trial - The only self imposed restrictions on the powers are that nature of case cannot be permitted to be changed and a serious lacuna cannot be permitted to be filled,..........
