Criminal Procedure Code, 1973, Section 362 -- Recall of order - Court after pronouncement of judgment not empowered to add or delete any words except to correct the clerical or arithmetical error as has specifically been provided under the statue itself - After pronouncement of judgment Judge becomes functus officio - Any mistake or glaring omission is left to be corrected..........
Custody of daughter-in-law -- Writ of Habeas corpus by father-in-law - Daughter-in-law is alleged to be in illegal custody of her parents - However, after marriage husband of detenue is living and earning in Kuwait and detenue is living with her parents - It may be possible that detenue herself does not want to go to her matrimonial house when her husband is not living..........
Advocates/Bar Associations -- Redressal of grievances of Advocates/Bar Associations - Constitution of Grievance Redressal Committees - Directions issued viz. (i) No member of Bar can go on strike and/or abstain himself from Court working; (ii) If the member of Bar has any genuine grievance or difficulty being faced because of procedural changes in filing/listing of..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Proceedings before Commission are summary in nature - Complaints involving highly disputed questions of facts or cases involving tortuous acts or criminality like fraud or cheating could not be decided by Forum/Commission under the Act...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - An erroneous order may be subjected to appeal before Higher forum but cannot be subject matter of review U.O.47.R.1 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution proceedings - Rent control appeal is pending at the stage for condonation of delay for more than two years - There is no stay by Appellate or Revisional Forum - Since order of delivery of property was passed nine months ago and landlord is not able to get delivery of property, question of granting stay of..........
Constitution of India, 1950, Article 226, 227 -- Acquittal - Initiation of proceedings in Human Rights Commission for dereliction of duty of police official - Acquittal was passed by Court - If there was any grievance being not satisfied with order of acquittal, proper course would have been in a different Forum altogether - Secondly there is no dereliction of duty as..........
Mutation -- Mutation proceedings are summary in nature and is only for fiscal purpose and do not decide any right or interest of a party - Party can get his right declared in appropriate and regular forum and any such order passed by regular Court shall bind the parties...........
Insolvency and Bankruptcy Code, 2016, Section 9 -- Corporate Insolvency Resolution process (CIRP) - Condonation of delay in filing application u/s 9 of IBC - Pendency of proceedings in a parallel forum is not sufficient cause for delay in filing an application u/s 9 of IBC, particularly by the time application was filed, claim had become barred by limitation...........
Consumer Protection Act, 1986, Section 21 -- Medical Negligence - Award of compensation of Rs.One lakh by District Forum - Order not challenged by consumer - Order became final - In a revision filed by respondent State Commission confirmed the order passed by District Forum - National Commissioner while dismissing revision, enhanced the compensation from One Lakh to ten..........
