Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - When in a matrimonial dispute, in-laws are unnecessarily harassed and that prosecution has been maliciously instituted with an ulterior motive, then there is no bar on the power of Court to go into the materials and find out whether there are materials, which requires a trial...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Where victim and offender have compromised disputes essentially civil and personal in nature, High Court can exercise its power u/s 482 Cr.P.C to quash criminal proceedings...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - In exercise of power u/s 482 Cr.P.C, Court does not examine correctness of allegation in complaint except in exceptionally rare cases where it is patently clear that allegations are frivolous or do not disclose any offence...........
Criminal Procedure Code, 1973, Section 391, 399, 401 -- Additional evidence at revisional stage - Once High Court is empowered to call additional evidence, while exercising its revisional power, Sessions Judge u/s 399(1) Cr.P.C by operation of law, is also empowered to call an additional evidence...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Power to strike off defence is not to be exercised by treating it to be a statutory mandate - It is thus, not obligatory for Court in every case to strike off defence because of some delay in deposit of admitted rent - Judge of Small Cause Court held, justified in rejecting..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Power U.O.26.R.9 CPC to appoint commissioner is discretionary - If discretion has been exercised by Court, it cannot be said that Court has committed error of jurisdiction by allowing application O.26.R.9 CPC...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Power of attorney holder - Law as to : (i) Complaint can be filed through power of attorney holder; (ii) Power of attorney holder can depose and verify on oath to prove the contents of complaint; (iii) However, power of attorney holder must have witnessed the transaction as an agent of the payee or..........
Limitation Act, 1963, Section 5 -- Condonation of delay - False averments made in the application - Not feasible to exercise discretionary power conferred upon Court u/s 5 of the Act...........
Indian Penal Code, 1860, Section 420, 466, 465, 468, 471, 211, 511 -- Cheating - Company - Prosecution of power of Attorney - Company not arraigned as an accused - Prosecution specifically making allegations against Power of Attorney - Petitioner who claims himself to be Power of Agent of Company had alone acted, forged and submitted letter and he in fact signed pleadings..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 16 -- Appeal - Power of remand - Appellate Tribunal is not conferred with power of remand u/s 16 of the Act and upon entertaining appeal must either reject or accept the same, wholly or partly as the case may be...........
