Complaint through Power of Attorney -- An agent cannot depose in favour of principal with respect to facts which are within exclusive knowledge of latter...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power vested under provision is made available to any Court at any stage in any inquiry or trial or other proceeding initiated under Cr.P.C for the purpose of summoning any person as a witness or for examining any person in attendance, even though not summoned as witness or to recall or re-examine any..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the stage of quashing, Court is not required to conduct a mini trial - Court has to only consider whether any sufficient material is available to proceed against accused or not - If sufficient material is available, power u/s 482 Cr.P.C. should not be exercised...........
Wakf Act, 1995, Section 64, 32(2)(g), Karnataka Wakf Rules, 2017, Rule 58 -- Removal of a member of Managing Committee by Managing Committee of Wakf - Managing Committee of Wakf has no power to remove a member of Managing Committee appointed by Wakf Board - It is only Wakf Board which has power to do so...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Provision contained U.O.12.R.6 CPC is not mandatory in nature - Said provision merely confers a discretionary power upon Court to pronounce judgment and decree on basis of admissions made by parties - Use of expression "may" in the Rule, rather than "shall," indicates that power is enabling and..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Open fight followed the scuffle during which two opposing factions were giving blows and hits to each other - There was no such sudden provocation at the place of occurrence which necessitated him to act in the manner he did and caused the death of deceased - Appellant might have been deprived..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Triable issues arise in the case - Nature of agreement of sale cum General Power of Attorney (AGPA) as to its validity is in question - Therefore, only when validity and enforceability of AGPA is decided, rival contention of respondent can be determined - Suit cannot be rejected at the threshold..........
Constitution of India, 1950, Article 226 -- Writ petition - Where an efficacious alternate remedy is available, High Court should not entertain a writ petition u/art 226 of Constitution in matters falling squarely within the domain of Tribunals - However, a writ petition u/art 226 may still be maintainable notwithstanding existence of such an alternative remedy in..........
Armed Forces Tribunal Act, 2007, Section 15(6) -- Appeal against Court martial - Tribunal u/s 15(6) of the Act, which contains a non-obstante clause, has power to substitute finding of Court Martial, a finding of guilty of any other offence for which offender could have been lawfully found guilty by Court Martial and may pass a sentence afresh...........
Armed Forces Tribunal Act, 2007, Section 15(6) -- Appeal against Court martial - Tribunal in exercise of its power u/s 15(6) of Act, on the established fact of recovery of ammunition from possession of appellant, has taken a lenient view in favour of appellant and has modified the punishment from dismissal to compulsory retirement with all pensionary and retiral benefits -..........
