Evidence Act, 1872, Section 92 -- Proviso (2) - When a document is silent, the existence of any separate oral evidence which is not inconsistent with the terms incorporated in the document, may be proved...........
Industrial Disputes Act, 1947, Section 25F -- Termination - Compensation in lieu of reinstatement - Criteria - Normal rule is to direct reinstatement of workmen whose services has been terminated in violation of the industrial law - Reinstatement cannot be directed in every case - Question whether employee should be reinstated or not depends upon various factors - Nature..........
Civil Procedure Code, 1908, Section 73 -- Proviso (a) - Rateable distribution - Court sale of property which was under mortgage - Mortgagee of property is not entitled for rateable distribution in any surplus arising from the sale of such property in pursuance of a decree obtained by another decree holder - Mortgagee has to work out its remedy in the manner known to law in..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Proviso - Money decree - Execution - Arrest and detention - Notice to J.D. to show cause instead of warrant of arrest - Notice to be issued to J.D. to appear before the Court - However, such notice is not necessary when Court is satisfied by affidavit or otherwise, that with the object or effect of delaying the..........
Criminal Procedure Code, 1973 (J&K), Section 497 -- Bail - Non bailable offence - Grant of bail to a female or a sick or infirm person - Court to exercise discretion reasonably and to serve the purpose for which proviso is added to the provision...........
Motor Vehicles Act, 1988, Section 149(2)(a)(ii) -- proviso to 149(4) and (5) - Interpretation of Section 149(2) (a) (ii) vis-a-vis the proviso appended to sub-sections (4) and (5) of the Act - Main principles discussed...........
Criminal Procedure Code, 1973, Section 345, Contempt of Courts Act, 1971, Section 10 -- Contempt of court - Abusive slogans raised against District and Sessions Judge outside his Court room - But not in the presence of Judge - S.345 Cr.P.C. will not apply as jurisdiction of High Court is not ousted by S.10 proviso of 1971, Act...........
Criminal Procedure Code, 1973, Section 188 -- Proviso - Offence committed by Indian citizen outside the country - Sanction - Requirement of sanction is essential at the stage of trial and not a pre-condition for taking cognizance...........
Civil Procedure Code, 1908, Section 148, Order 8, Rule 1 -- Proviso - Written statement - Outer limit of 90 days for filing written statement - Cannot be extended - S.148 CPC has no application...........
Negotiable Instruments Act, 1881, Section 138 -- Clause (b) of the proviso - Dishonour of cheque - Notice - Consolidated notice - Cheque issued in lieu of loan to both husband and wife by the accused dishonoured - Consolidated notice issued making demand for the payment of loan amount - It did not specifically contain any demand for the payment of the bounced cheque..........
