Power of attorney -- Sale of property by power of attorney having no authority to sell the property - By convoluted logic, punctuation marks cannot be made to convey a power of sale - Vendees of such property do not derive any valid title to the property - Vendees of such property having no valid title to the property cannot convey further any valid title to the..........
Criminal Procedure Code, 1973, Section 439, 482 -- Bail - Granted by High Court with conditions - High Court in exercise of its power u/s 482 Cr.P.C. can modify/delete the conditions...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Limitation - Condonation of delay - Application for setting award was made on 28 Mar 2014 accompanied by an application for condonation of delay of eight days - Court therefore, had power to condone eight days delay, which is less than thirty days in terms of S.34(3) Proviso of the Act -..........
Constitution of India, 1950, Article 226, Income Tax Act, 1961, Section 148 -- Reopening of assessment - Dismissal of writ petition challenging re-assessment - Challenge as to - None of the grounds raised in writ petition, challenging re-assessment has been considered by High Court on merits - High Court dismissed the writ petition in an unreasoned order - The bereft..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Power U.O.38.R.5 CPC cannot be exercised by Court mechanically or merely for asking of plaintiff...........
Criminal Procedure Code, 1973, Section 102 -- Seizure of property u/s 102 Cr.P.C - Police possesses power to seize property u/s 102 Cr.P.C only if property is alleged or suspected to have been stolen or which creates suspicion of commission of an offence...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power of review is available only when there is a mistake or an error apparent on face of record - Reargument of the case on merits is not permissible in the grab of review petition - Review petition dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of suit - Death of original allottee - Suit filed by plaintiff/power of attorney on behalf of original allottee - Plaintiff has been treated as LR of original allottee - Right to continue civil suit survives upon plaintiff after death of original allottee - Suit does not abate...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Appreciation of evidence is a function of trial Court and High Court in exercise of power u/s 482 Cr.P.C cannot assume such jurisdiction and put to an end the process of trial provided under law...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 452, 354, 504, 506 -- Quashing of Charge sheet - Offence u/ss 323, 452, 354, 504, 506 IPC - Disputed question of fact arising in the case, cannot be adjudicated by High Court at pre-trial stage - Genuineness or otherwise of allegations cannot be even determined at the stage of summoning..........
