Constitution of India, 1950, Article 226 -- Interim stay - Liability to pay interest for the period when stay obtained till writ petition dismissed - State - authorities cannot be equated with private commercial institutions - Amount of compensation in form of interest - Should not amount to penalty despite the fact that person found to have jeopardised law - Party when..........
Arbitration Act, 1940, Section 20, Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Petition u/s 20 - Application to convert into suit - High Court invoking Section 151 CPC allowing amendment - Not sustainable - No question of invoking Section 151 as it would nullify procedure prescribed under CPC...........
Specific Relief Act, Section 16(c) -- Readiness and willingness - Section 16(c) does not require any specific phraseology - Plaintiff must aver that he has performed or has always been and is willing to perform his part of contract - Compliance of 'readiness and willingness' - Has to be in spirit and substance and not in letter and form - Insistence on a mechanical..........
Specific Relief Act, 1963, Section 38, Civil Procedure Code, 1908, Section 91 -- Suit for injunction restraining defendant from obstructing the use of public street by the plaintiff - It is a suit for enforcement of his individual right, not to remedy a wrong affecting the public as envisaged u/s 91 CPC - Suit for perpetual injunction u/s 38 of Specific Relief Act is not..........
Specific Relief Act, Section 38 -- Suit for perpetual injunction - Not affected by provisions made under Section 91 Civil Procedure Code - Sub - section (2) of Section 91 Civil Procedure Code itself lays down that nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions - Civil Procedure Code,..........
Specific Relief Act, Section 38 -- Suit for permanent injunction restraining defendant from interfering with plaintiff's peaceful enjoyment of street or from raising any construction so as to obstruct use of said street on the side of his house - Objection that suit not maintainable as suit for injunction filed without complying with requirement of Section 91 Civil..........
Criminal Procedure Code, 1973, Section 164 -- A witness cannot, on his own motion, approach a Magistrate with a request that his statement may be recorded under Section 164 - Magistrate has no power to record statement of such a stranger u/s 164 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Accused convicted - Matter posted to next day for the presence of the accused so as to hear him on the question of sentence - Accused failing to turn up and non bailable warrant issued - Petition under Section 482 moved by accused before High Court which stayed arrest - Not justifiable - High Court intervened..........
Haryana Ceiling on Lands Holdings Act, 1972 -- Review - No provision in the Act - Civil Procedure Code, Order 47 Rule 1 and Section 114...........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(1)(b) -- Maintenance - Divorced Muslim woman - Claim of maintenance for child against Muslim father - Both under the Personal Law and the statutory law (Section 125 of the Cr.P.C.) the obligation of a Muslim father, having sufficient means, to maintain his minor..........
