Electricity Act, 2003, Section 108 -- Directions by State Government - State Government while issuing a policy directive in the exercise of its power u/s 108 of the Act cannot impinge on the adjudicatory discretion which is vested in an authority under the Act...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - In exercising discretion U.O.1.R.10 CPC, Court will take into account the wishes of plaintiff before adding a third person as a defendant to his suit - However, if Court finds that addition of new defendant is necessary to enable it adjudicate effectively and completely the matter in controversy..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Directions issued; (i) Husband is entitled to raise the plea of adultery committed by wife in proceedings pertaining to adjudication of interim maintenance and expense of proceedings so as to plead that such prayer by wife be dismissed; (ii) Since the proceedings undertaken u/s 125 of..........
Agreement to sell -- Specific performance - Bona fide purchasers - Agreement in question was not executed by all the co-owners - Agreement to sell was incomplete and unenforceable against Defendant Nos.6 to 8, who held a majority share in the property - Enforcing such an agreement would be inequitable - All the co-owners of property transferred the suit property in favour..........
Agreement to sell -- Suit for specific performance - Petty amount of approximately 14% of total sale consideration was paid - Even additional amount of Rs.5 lakh agreed to be paid by plaintiff while extending the time for execution was not paid - Prices of suit property in the last approximately 20 years have increased phenomenally and in these circumstances, it will not..........
Specific Relief Act, 1963, Section 28 -- Recession of contract - DH had promptly filed for execution of decree immediately after expiry of 60 days from the date of appellate Court decree - No specific mode for payment/deposit of balance consideration was provided for in the decree - DH sought direction from Court to permit them to deposit amount in Court - Prayer to extend..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 250 -- Discharge - S.250 BNSS prescribes a period of sixty days to prefer an application by accused for discharge from the date of committal of case - However, in S.250(1) BNSS, word `may' is used which gives discretion to Court to relax the time limit - Therefore, even after expiry of sixty days, a petition for discharge..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross-examination - Defendant failed to convince Court with any valid and sufficient reason that Court may exercise its discretion to recall PW1 or permit fresh evidence - Application filed after hearing the arguments is not bonafide, bereft of reasons and without any justification - Application..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Once Court is satisfied that parties have taken a conscious decision to separate and move ahead and that there is no possibility of reconciliation, Court should adopt a realistic approach and exercise the discretion to waive the waiting period...........
Central Motor Vehicles Rules, 1989, Rule 35, 36 -- Compensation - Payment in lumpsum - R.35 gives ample discretion to Tribunal to make a decision as to whether entire amount has to be released or if it is to be released in part - Tribunal is expected to give its own reasoning while undertaking such an exercise...........
