Evidence Act, 1872, Section 85 -- Notarized power of attorney - Carries presumption u/s 85 of the Act...........
Registration Act, 1908, Section 17 -- Registration of a document by Power of Attorney Holder - Not invalid on the ground of absence of registration of Power of Attorney...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Executed by power of attorney holder - Plea that principal was dead at the time of execution of sale deed - Plea rejected, as it is the case of defendants themselves that after becoming aware about plaintiff having purchased suit property, one of them approached principal, who denied to have authorized power of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(1), Criminal Procedure Code, 1973, Section 5 -- Appeal - Procedure - No procedure and power of appellate Court has been provided in SC/ST Act - S.5 that relates to "saving" will apply in such matter...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Court has no power to extend period of limitation on equitable grounds...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objection by stranger - Petitioner staked his claim on the basis of agreement for sale from owner of land - However, said owner did not have power to enter into agreement for sale - Petitioner is in occupation of a part of decretal land - He has made a false claim of right on basis of agreement for..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Appeal against conviction - Dismissal of appeal - Accused after having served sentence of imprisonment for a period of 15 years 9 months and 27 days, was released u/s 432 Cr.P.C by Government - Dismissal of appeal shall not have any adverse effect on such exercise of power of remission by..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Powers of review cannot be exercised as an inherent power nor can an appellate power can be exercised in the guise of power of review...........
Service -- Misconduct - Quantum of punishment is within discretionary domain and sole power of decision making authority once charge of misconduct stands proved - Such discretionary power is exposed to judicial interference if exercised in a manner which is grossly disproportionate to fault, as constitutional Courts while exercising the power of judicial review do not..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Powers of High Court u/s 482 Cr.P.C though are wide and are in the nature of inherent power, yet said power cannot be exercised suo motu in a sweeping manner and beyond the contours of what is stipulated under said Section...........
