Specific Relief Act, 1963, Section 22(2) -- Provision of S.22(2) of Specific Relief Act is directory - Even if prayer for possession is not specifically made, still said relief is implicit and Court has jurisdiction to deliver possession even without praying for possession...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Mistake/error committed by Court - Correction on the basis of principle of restitution - Any undeserved or unfair advantage gained by a party invoking jurisdiction of Court must be neutralized, as institution of litigation cannot be permitted to confer any advantage on a suitor by act of Court...........
Criminal Procedure Code, 1973, Section 327, 482 -- Proceedings in camera - Recall of order directing in-camera trial - Unless applicant is able to show that prejudice is caused on account of order directing in-camera proceedings to be held, Court ought not to exercise the inherent jurisdiction to interfere with satisfaction exercised by trial Judge - Petition dismissed...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Once an opinion has been formed with regard to offence having been committed u/s 340 Cr.P.C, Court needs to make a complaint in writing and the same has to be sent to a Magistrate of competent jurisdiction - Magistrate has to deal with such a complaint u/s 343 Cr.P.C as if it was instituted as a police report...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Once charges are framed u/s 228 Cr.P.C, High Court would not be justified in invoking its inherent jurisdiction u/s 482 Cr.P.C to quash proceedings in Sessions case except in those rare cases where forensic exigencies and formidable compulsions justify such a course...........
Civil Procedure Code, 1908, Section 16(c), 20 -- Jurisdiction - S.16(c) CPC has an overriding effect on the residuary provision as contained in S.20 CPC...........
Civil Procedure Code, 1908, Section 16(c) -- Jurisdiction of Court - Mortgage suit - Court in whose jurisdiction property is situated has jurisdiction to entertain mortgage suit as per S.16(c) CPC - S.16(c) CPC has an overriding effect on the residuary provision as contained in S.20 CPC - When a Court lacks jurisdiction parties cannot by their agreement confer the same, as..........
Jurisdiction -- Applicability - Tax has been levied by the Government of Goa in respect of a business that the company is carrying on within the territory of Goa - Such tax is payable by the company not in respect of carrying on of any business in the territory of Sikkim - Hence, merely because the company has its office in Gangtok, Sikkim, the same by itself does not..........
Jurisdiction -- Applicability - Tax has been levied by the Government of Goa in respect of a business that the company is carrying on within the territory of Goa - Such tax is payable by the company not in respect of carrying on of any business in the territory of Sikkim - Hence, merely because the company has its office in Gangtok, Sikkim, the same by itself does not..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized articles - During pendency of investigation - Seized articles cannot be released by Court u/s 451 Cr.P.C at the stage of investigation - However, u/s 457 Cr.P.C, Court has jurisdiction to give custody of seized property/articles at the stage of investigation when those articles are not produced before..........
