Criminal Procedure Code, 1973, Section 125 -- Maintenance - Application for - Dismissed in default - Restoration of - Plea that recalling of dismissal order would amount to altercation in order as defined in S.362 and, therefore, is not permissible - Held, prohibition imposed by S.362 of the Code is to the extent of impermissibility pertaining to alteration of judgment or..........
Contempt of Courts Act, 1971, Section 12, 2(a), 2(b) -- Contempt of Court - Direction to consider matter in accordance with law - Means that matter should be considered to the best of understanding by the authority - Held, a mere error of judgment with regard to the legal position does not constitute contempt of Court - There is no willful disobedience if best efforts are..........
Contempt of Courts Act, 1971, Section 2(a) -- Contempt of Court - Civil contempt and criminal contempt - `Civil Contempt' mean `willful disobedience of any judgment, decree, direction, order, writ or other process of court of willful breach of undertaking given to a court - If a person willfully violates the orders of Supreme Court then it can invoke jurisdiction under the..........
Criminal Procedure Code, 1973, Section 378(4) -- Application for leave to file appeal - Procedure for - Held, there is no specific mandate either in S.378 Cr.P.C. or in the Kerala Criminal Rules of Practice which can oblige the seekers of leave u/s 378(4) Cr.P.C. to file along with such application for leave proposed appeal which they want to prefer against judgment of..........
Contempt of Courts Act, 1971, Section 12, 2(b) -- Civil contempt - Conditions must be satisfied before a person can be held to have committed a civil contempt : (i) there must be a judgment, decree, direction, order, writ or other process of a Court (or an undertaking given to a Court); (ii) there must be disobedience to such judgment, decree, direction, order, writ or..........
Consumer Protection Act, 1986, Section 22B -- Supervisory jurisdiction - National Consumer Redressal Commission - In addition to the appellate and revisional jurisdiction NCDRC is having supervisory jurisdiction under Section 24 - B over Consumer Fora - Unless there is a contrary judgment by the Apex Court, the State Commission is bound to follow the decision rendered by..........
Criminal Procedure Code, 1973, Section 464, Indian Penal Code, 1860, Section 302, 326, 149 -- Omission to charge u/s 149 IPC - Omission to mention S.149 in the charge is only an irregularity and since no prejudice has been caused to appellants by that omission it can't affect their conviction - Appellants were aware of the basic ingredients of the offence for which they..........
Civil Procedure Code, 1908, Order 21, Rule 72-A -- Suit for recovery of mortgage money by way of sale of mortgaged property - Suit decreed - Held, decree holder is entitled to bid and purchase the property with prior permission of court - In such a case Court will fix reserve price as envisaged U.O.21.R.72-A(2) CPC - If permission is not obtained or reserve price is not..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 72, 90 -- Suit for recovery of mortgaged money - Suit decreed - Mortgagor selling property after the decree - Held, transferees of Judgment Debtor subsequent decree can raise objection against execution of decree u/s 47 of the Code, they being representative of the JD...........
Criminal Procedure Code, 1973, Section 344 -- Salient features of the provision of S.344 Cr.P.C. are : (1) Power u/s 344 Cr.P.C. can be exercised by Court of Sessions or Magistrate of the First Class; (2) Court can exercise power only at the time of delivery of the judgment or final order; (3) offender should be given a reasonable opportunity of show cause; (4) maximum..........
