Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction order - Power of Tribunal - No power is vested in Tribunal to direct eviction simplicitor from property at the instance of senior citizens - However, Tribunal is fully empowered to direct children/relatives to provide for residence on an application being filed under Chapter II of the..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Sessions Court cannot quash cognizance and summoning order passed by Magistrate in exercising its revisional power - If Sessions Court find any illegality, irregularity or jurisdictional error then Sessions Court cannot quash proceedings but revisional Court have only power to issue direction by pointing out error..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Rape case - Proposed accused are parents of co-accused - Merely because prosecutrix has alleged that proposed accused were present at the time of occurrence, same is not sufficient enough for persuading Court for using its extraordinary power u/s 319 Cr.P.C to summon them - Application rightly..........
Tender -- Supply of coal - Deduction of washing charges - When CAG report was first submitted, appellant itself had raised objections to quantification of coal rejects arrived at by CAG - However, when audit objections were rejected by CAG and final report was made available, appellant demanded reimbursement from KEMTA based on same CAG report to which it had filed..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Illustrative circumstances are : (i)) Where Court granting bail takes into account irrelevant material of substantial nature and not trivial nature while ignoring relevant material on record; (ii) Where Court granting bail overlooks influential position of accused in comparison to victim of abuse or..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Allowing father of husband to represent husband being his power of attorney holder - Wife having no objection if father of husband is allowed to participate in the proceedings - Order refusing father to participate in the proceedings set aside...........
Criminal Procedure Code, 1973, Section 397, 125 -- Revision - Order of rejection of application u/s 125 Cr.P.C - Court below passed erroneous order by considering income of husband as Rs.30,000 only - Whereas, Husband admitted his salary as Rs.47,000 p.m - Finding runs against the record and not in accordance with law - Revisional Court has ample power to correct order and..........
Evidence Act, 1872, Section 65 -- Secondary evidence - When original is in possession or power of person against whom document is sought to be proved and person concerned does not produce, in such a case secondary evidence would be admissible...........
Electricity Act, 2003, Section 2(8), 9, Electricity Rules, 2005, Rule 3 -- Captive generating plant - An association of Corporate bodies can establish a captive power plant primarily for their own use...........
Minimum Wages Act, 1948, Section 10 -- Correction of errors - Minimum wages were revised and determined in exercise of power u/s 4(1)(i) of the Act vide earlier notification by State Government after consultation with Minimum Wage Advisory Board - It cannot be said that any arithmetical and/or clerical mistake in said notification, which is to be corrected by Subsequent..........
