Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments made in plaint as a whole has to be seen in order to find out as to whether Clause (d) of Rule 11 of Order 7 CPC is applicable...........
Family Courts Act, 1984 - - If suffers from legal lacuna or formal defect, rule of estoppel is applied to shut out plea of person, who being a party to family arrangement seeks to unsettle a settled dispute and claims to revoke family arrangement under which he has himself enjoyed some material benefits - Endeavour has to be made to give effect to a family arrangement..........
General Clauses Act, 1897, Section 6 -- Applicability of S.6 - Held, it has no application to repeal of any rule, notification or order - It is confined to repeal of any enactment already in existence or made after enactment of General Clauses Act, 1897 by General Clauses Act, 1952, or a Central Act or Regulation within meaning of those terms as defined in S.3(7) and 3(50)..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Once Court passes an order, parties to proceedings before Court cannot avoid implementation of that order by seeking refuge under any statutory rule - It is not open to parties to go behind orders and truncate effect of those orders...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Once Court passes an order, parties to proceedings before Court cannot avoid implementation of that order by seeking refuge under any statutory rule - It is not open to parties to go behind orders and truncate effect of those orders...........
Indian Penal Code, 1860, Section 354, 376, 511 -- Outraging the modesty of woman - Revision/appeal against acquittal - Powers of High Court to reassess the evidence and to reach its own conclusions are as extensive as in an appeal/revision against an order of conviction, yet as a rule of prudence, it should always give proper weightage and consideration to the views of the..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, Prevention of Food Adulteration Rules, 1955, Rule 37, Criminal Procedure Code, 1973, Section 482 -- False or misleading statement on Label - Quashing of summoning order - Use of words `dream of healthy India' on the packets of NOVA Dairy Mix Skimmed milk powder - Neither in the complaint nor in the public Analyst..........
Army Rule, 1954, Rule 16A - - Exigencies of service - Extension - Order allowing extension in service for a period of three months and further extension in service by one month to appellant so as to enable his claim to be considered for onward promotion to rank of Lieutenant General - Held, cannot be held to be in violation of statutory provisions...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Exercise of power by High Court - Held, though powers of High Court to re-assess evidence and to reach its own conclusions are as extensive as in an appeal against an order of conviction, yet as a rule of prudence, it should always give proper weightage and consideration to views of trial Judge as to..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - There is no rule that a compromise decree should be an executable one or that it could not be one dismissing suit - When there is a compromise between parties, what is required is that Court has to order such agreement, compromise or satisfaction to be recorded and pass a decree in accordance therewith so..........
