Criminal Procedure Code, 1973, Section 397 -- Scope - The very object of conferring revisional jurisdiction upon the superior criminal courts is to correct miscarriage of justice arising from misconception of law or irregularity of procedure - Discretion in the exercise of revisional jurisdiction should, therefore, be exercised within the four corners of Section 397,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 245 -- Dishonour of cheque - Complaint - Trial commenced and one P.W. examined - Trial Court cannot discharge the accused under Section 245 Cr.P.C. once trial has commenced...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court can exercise its jurisdiction under Section 100 CPC only on the basis of substantial questions of law which are to be framed at the time of admission of the second appeal and the second appeal has to be heard and decided only on the basis of such duly framed substantial questions of law...........
Civil Procedure Code, 1908, Section 153 -- Suit against a dead person - Plaintiff can seek amendment of the plaint under the provisions of Section 153 CPC and implead the L.Rs. of the deceased as parties to the suit if the suit is not barred when the application for amendment was made...........
Civil Procedure Code, 1908, Section 153 -- Suit filed against a dead person - Nullity - Plaintiff on coming to know of death of defendant - Can seek amendment of plaint under Section 153 and implead legal representatives of deceased as parties to suit if suit not barred when application for amendment made...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Inherent powers must come to rescue of person who inspite of order of injunction is being threatened forcible dispossession in violation of order of injunction - Provisions of Order 39 Rule 2 - A would come into play once order of injunction is flouted by any person but that certainly does not divest Court of..........
Civil Procedure Code, 1908, Section 151 -- Inherent powers of Court - To achieve the ends of justice or to undo the wrong during the pendency of proceedings before the Court - Jurisdiction vested in the Court under Section 151 and the jurisdiction ex debito justitiae certainly not outsted merely on the existence of another remedy...........
Letters Patent -- Clause 10 - Plea for invoking inherent powers of Court under Section 151 Civil Procedure Code to do justice by awarding same compensation as awarded to other landowners whose land acquired by same notification - Not tenable as it would come in conflict with spirit and substance of statutory provisions prescribed under Clause 10 of Letters Patent -..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Earlier two suits for joint possession dismissed as withdrawn with permission to file fresh on the same cause - Third suit on same cause for recovery of amount (land in the meantime having been acquired under Land Acquisition Act) based on title - Not barred by any principle of law..........
Civil Procedure Code, 1908, Section 92 -- Maintainability of suit under Section 92 - Depends upon allegations in the plaint - No reference need be made to averments in written statement for such determination - When suit instituted by person other than Advocate General - Essential requirement that person should have interest in the Trust - Interest must be real,..........
