Andhra Pradesh (Telangana Area) Land Revenue Act, 1317F, Section 166B -- Revision - Suo motu revisional powers exercised after 50 years of fraudulent revenue entries made - Government allowed disputed land for housing sites in year 1991 and issued notice regarding fraudulent entry as late as in year 2004 - Suo motu revision after long lapse of time even in absence of any..........
Constitution of India, 1950, Section 226 -- Writ jurisdiction - Fixation for rates of External Development Charges - Decision of State Government to revise External Development Charges, Change of Land Use, Permission Fee/License Fee and Social Infrastructure Fund charges is in exercise of executive powers of state - Note in Notification is also matter of policy of state..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers of High Court - High Court should not ordinarily embark upon inquiry whether the evidence in question is reliable or nor or whether on a reasonable appreciation of it accusation would not be sustained, are the functions of trial judge to do so - High Court must be careful to see that its decision in exercise of..........
Criminal Procedure Code, 1973, Section 204 -- Summoning of accused not named in charge sheet - Trial Court has adequate powers to summon any person even if not named in charge sheet provided there is sufficient material to proceed against him and a prima facie case is made out against such person as well...........
Civil Procedure Code, 1908, Section 107, Order 1, Rule 10(2) -- Transposition of a party - Powers of appellate Court - U.O.1.R.10(2) & S.107 CPC, Appellate Court has power to transpose respondent as appellant or an appellant as respondent in the ends of justice...........
Criminal Procedure Code, 1973, Section 439 -- Anticipatory Bail - Rule - Grant or refusal of such bail depends on variety of circumstances, cumulative effect of which, should enter judicial verdict - Power to grant bail is to be exercised sparingly and in exceptional cases keeping into focus facts and circumstances of each case - That investigation is in province of police..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 326, 351 -- Arraying person as accused - Specific injuries were attributed to other accused - Only exhortation was raised by the "person to be added as accused" - No other overact was attributed, while other remaining accused were giving injuries - Powers are discretionary and extra ordinary and..........
Criminal Procedure Code, 1973, Section 482 -- Inherent Power - Bribery - Complainant moved representation before ACP for registration of case but no appropriate proceedings were initiate - Complainant approached the high court without exhausting the alternative remedies available - Held, it is not exceptional case where the High Court should exercise its inherent powers..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Competent authority - Power u/s 438 IPC can be exercised either by High Court or by Session Court - District Council Court is not a Session Court and it cannot exercise powers of Session Court - District Council Court therefore, has no power to entertain or grant pre-arrest bail u/s 438 Cr.P.C...........
Civil Procedure Code, 1908, Order 21, Rule 17 -- Execution of decree - Powers of Executing Court - If terms of decree are ambiguous, executing court can construe decree with aid of judgment and pleadings - Decree has to be enforced and interpreted in such a manner that litigation between parties is shortened - Moreover, real intention of parties is to be gathered from..........
