Criminal Procedure Code, 1973, Section 145 -- Scope of inquiry u/s 145 Cr.P.C. - Question of right to possession is foreign to scope of enquiry - Only question of actual possession has to be determined and to be decided by Magistrate - Question of title should not be allowed to be agitated...........
Medical Council of India Act, 1956 -- Post Graduate seats - Institutional preference given to students of Aligarh Muslim University (AMU) and Banaras Hindu University (BHU) set aside by High Court directing seats to be filled only from the students graduated from within the State of U.P. - However, neither AMU and BHU are parties before High Court nor said preference was..........
Constitution of India, 1950, Article 227 -- Supervisory jurisdiction - Scope - Availability of alternate remedy - Not a bar to exercise of extraordinary discretionary power where there is clear abuse of power...........
Criminal Procedure Code, 1973, Section 391 -- Scope - Provision of S.391 Cr.P.C. is only meant to give opportunity to concerned party for leading such additional evidence which could not have been recorded despite due diligence having been exercised by the party seeking such opportunity and owing to the circumstances beyond its control...........
Income Tax Act, 1961, Section 14A(1) -- Whether S.14-A of the Act includes within its scope dividend income - S.14A would apply to dividend income on which tax is payable u/s.115-O of the Act...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Scope - Rehearing of appeal dismissed on merits not permissible under garb of review - Purpose of review is fairly limited and cannot be used as a tool to re-argue an appeal that has already been decided...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Scope - Provision of O.41.R.33 CPC applies only when first appeal is filed against main judgment and decree - In execution proceedings said provision is confined only to scope of execution proceedings - There is nothing in O.41.R.33 CPC which empowers Appellate Court in execution proceedings to set aside a final judgment and..........
Land Acquisition Act, 1894, Section 18, 30 -- Reference - Scope of S.30 of the Act is narrow as compared to S.18 of the Act - It is discretionary upon Court to refer a dispute u/s 30 of the Act - Same is confined to apportionment of compensation or as to a person to whom the same is payable...........
Constitution of India, 1950, Article 32 -- Public Interest Litigation (PIL) - Scope - Seeking direction to incorporate complete history and teachings of Sikh Gurus along with Guru Granth Saheb in syllabus of all classes in history books for teaching - Does not come within the domain and sphere of PIL, as what should be taught in schools or what should be included in..........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Right of accused to cross-examine police officer with reference to entries in police diary is very much limited in extent and even that limited scope arises only when Court uses entries to contradict police officer or when police officer uses it for..........
