Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Jurisdiction in contempt proceedings is confined to examining compliance with directions issued and does not extend to re-adjudication of issues which stand concluded...........
Civil Procedure Code, 1908, Order 41, Rule 11 -- Appeal - Dismissal at admission stage - O.41.R.11 CPC provides for power to dismiss appeal without sending notice to lower Court - Thus, necessity is of admission of appeal...........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Declaration of public holiday - Expansion of list of gazetted holidays is a matter of administrative calibration and any indiscriminate addition would adversely impact governance and public productivity - Jurisdiction u/art 32 of Constitution is meant for enforcement of fundamental rights and cannot be expanded..........
Criminal Procedure Code, 1973, Section 82, 83 -- Proclaimed offender - Record prima facie does not reflect that all reasonable and efficacious steps to secure presence of petitioner were exhausted before resorting to proceedings u/ss 82, 83 Cr.P.C. - Petitioner shall present himself before trial Court and seek bail and upon appearance of petitioner, proceedings initiated..........
Mutation -- Matter cannot be kept pending for unlimited period - Order should be given finality so that parties can adjudicate the matter before regular Court...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - At the stage of taking cognizance and issuing process, Court is only required to see whether a prima facie case is made out on the basis of material available on record and not to conduct a detailed examination of evidence as would be done during trial...........
Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Perjury - In every inquiry u/s 340 Cr.P.C./S.379 BNSS, Court is not bound to make a complaint regarding commission of an offence referred to in S.195(1)(b) Cr.P.C., as S.340 Cr.P.C. is conditioned by words "Court is of opinion that it is expedient in the interests of justice"...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and minor son - Maintenance enhanced by Family Court from Rs.3500 to 8000 p.m in favour of wife and from Rs.1500 to 4,000 p.m in favour of minor son - Family Court appears to have exercised its discretion judiciously while determining enhanced amount of maintenance - Income of husband as stated to be..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Court has discretionary power U.O.1.R.10 CPC to add parties - However, such power cannot be invoked to cure a fundamental defect arising from failure to implead necessary parties when relevant information was available on record and could have been discovered with due diligence...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of trustees - Land in question has been recorded in the name of Trust since 1969 and names of trustees have been continuously reflected in revenue records - Thus, existence of trust and its trustees was a matter of public record - Despite this, plaintiff instituted suit in 2019 without impleading trustees -..........
