Constitution of India, 1950, Article 226 -- Amendment of writ petition - Cannot be allowed at belated stage - Amendment aimed at challenging order of ejectment and penalty passed 10 years back by Assistant Collector under Section 7 Punjab Village Common Lands (Regulation) Act - Remedy of appeal not availed and want to avoid payment of penalty - Cannot be permitted to..........
Civil Procedure Code, 1908, Section 148, 149 -- Appeal, affixing of less court-fee - Court has jurisdiction under Section 148 to allow appellant to make up deficiency in court-fee at any stage and if such prayer allowed and court-fee paid, then such court-fee shall have the effect as if it had been paid in the first instance - Under Section 149 Court has jurisdiction to..........
Civil Procedure Code, 1908, Section 103,100 -- Second appeal - Section 103 of the Code authorises the High Court to determine any issue which is necessary for the disposal of the second appeal provided the evidence on record is sufficient - The two situations are (1) when that issue has not been determined both by the both courts below or by the lower appellate court or..........
Civil Procedure Code, 1908, Section 100(4) -- Second appeal - Non - compliance with Section 100(4) by High Court - Defeating the purpose sought to be achieved by amendment...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 18,22(g),31, Civil Procedure Code, 1908 -- Order 9 ,R. 13 - Civil - Pecuniary jurisdiction - Ex parte decree - Setting aside of - Ex parte decree passed by the civil court for more than Rs.10 lakhs in a suit filed before it by Bank in which claim was for less than 10 lakhs - Application for..........
Consumer Protection Act, 1986, Section 15, Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 340,195 -- Only averment made by the complainant/appellant before the District Forum was that affidavits of the officials of the OP being contrary to the factual position on record - No application moved by complainant seeking initiation of the inquiry under..........
Specific Relief Act, 1963, Section 16(c) -- Readiness and willingness to perform contract - Mandatorily required in terms of Section 16(c) - Incumbent upon plaintiff both to aver and prove that he had all along been ready and willing to perform essential terms of contract required to be performed by him - Forms 47 and 48 of Appendix A Civil Procedure Code prescribe the..........
Civil Procedure Code, 1908, Section 96, 100 -- Court of appeal should not ordinarily interfere with the discretion exercised by Courts below in discretionary relief of specific performance - Specific Relief Act, Section 20...........
Specific Relief Act, 1963, Section 20 -- Discretionary relief of specific performance - Trial Court and first Appellate Court refused to exercise discretionary jurisdiction - High Court should not interfere therewith without arriving at a finding that discretion exercised by Courts below on wrong legal principle - Civil Procedure Code, Section 100...........
Criminal Procedure Code, 1973, Section 482,320, Penal Code, 1860, Section 498A,406 -- r/w 226/227 of the Constitution of India - Inherent powers - Quashing of criminal proceedings - Non compoundable offence - Held that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 Cr.P.C. does not limit or affect the..........
