Constitution of India, 1950, Article 226 -- Inter se dispute between two parties - High Court in exercise of power under Art.226 of Constitution would not interfere in the order passed by Board of Revenue on an inter se dispute between two parties, at the instance of a stranger to the controversy...........
Indian Penal Code, 1860, Section 420, 419 -- Offence u/ss 420, 419 IPC - Transfer of investigation - Allegations that Special Director CBI and concerned IGP have influenced administrative authorities of UT CHD. - False FIR was also lodged against petitioners with an intention to extort money from petitioner - Transcripts placed on record by petitioner do not make out a..........
Advocates Act, 1961, Section 35 -- Advocate - Suspension of licence - Power of State Bar Council - Notice issued to petitioner was defective, not properly addressed and not properly served, either by whatsapp or by post - Resolution/order passed thereafter to suspend licence to practice of petitioner, while referring complaint to disciplinary committee, has been reached..........
Advocates Act, 1961, Section 35 -- Advocate - Suspension of licence - Power of State Bar Council - Power of taking any punitive action against an advocate for misconduct vests u/s 35 of the Act only with disciplinary committee of State Bar Council - There is no specific or implied power conferred on a State Bar Council under the Act to take punitive action against advocate..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witness - Power u/s 311 Cr.P.C is discretion or obligation of Court to summon or recall a witness, but discretion of Court cannot be forced to be used by accused or prosecution...........
Hindu Marriage Act, 1955, Section 13B(1) -- Divorce by mutual consent - Wife living in Canada - Wife can file petition through her father her Power of attorney holder - For satisfying genuineness of petition, Court can resort to video conferencing and both the parties can appear apart from the Power of Attorney holder of wife...........
Hindu Marriage Act, 1955, Section 21A, Civil Procedure Code, 1908, Section 25 -- Transfer of case - S.21-A of Hindu Marriage Act does not divest power of Supreme Court available u/s 25(1) CPC, as words "subject to the other provisions contained in this Act" appearing in S.21 of the Hindu Marriage Act indicate only those provisions which are inconsistent with any of..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - Magistrate does not have power to record statement of a person unsponsored by investigating agency - It is only the Investigating Agency who is to move an appropriate application for recording statement of any witness...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 313, 314, 316 -- Quashing of FIR - Offence u/ss 313, 314, 316 IPC - Considering gravity of offences and nature of allegations of aborting the female child and consequential loss of life of expecting mother does not call for interference u/s.482 Cr.P.C. for quashing of FIR - Power u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
