Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Power U.O.7.R.11 CPC may be exercised at any stage of suit...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Power u/s 143-A of the Act is discretionary and not automatic and mandatory in every case...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Court trying an offence u/s 138 of the Act to award interim compensation to complainant at a preliminary stage of proceedings - Such power can be exercised in a summary trial or summons case when accused pleads not guilty and in any other case upon framing of charge -..........
Criminal Procedure Code, 1973, Section 386 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.427) - Appeal against conviction - State filed an appeal against acquittal of accused in offence u/ss 376, 302 IPC - Accused has not preferred any appeal challenging his conviction for offence u/s 201 IPC - However, absence of an appeal by accused does not by itself, denude this..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Unsoundness of mind - Medical examination of spouse - Matrimonial Court possesses sufficient power to direct medical examination in case decree for divorce u/s 13(1)(iii) of the Act is sought - However, such an order can be passed upon Court satisfying itself as to existence of ground on basis of evidence tendered..........
Constitution of India, 1950, Article 142(1) -- Divorce on ground of irretrievable breakdown of marriage - Power is discretionary to do complete justice where the Court is fully convinced that the marriage is totally unworkable, emotionally dead and beyond salvation and factors include long separation, nature of allegations, failed settlements and overall circumstances...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Court has power to act suo moto and Court can exercise power if it is of view that circumstances warranting exercising powers u/s 311 Cr.P.C. exist - It is immaterial that circumstances have been brought to notice of Court by complainant or by any other person - Application at the instance of complainant..........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of attorney holder - Power of attorney holder may depose on behalf of principal in respect of such acts which are within his personal knowledge but he cannot certainly depose for principal for the acts done by principal and not known personally by him...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Power U.O.18.R.17 CPC is primarily meant for Court to recall witness for clarification and not for parties to re-examine, cross-examine or introduce additional evidence...........
Contract -- Termination and blacklisting - Contractual conditions governing termination on one hand and those that relate to blacklisting on other are distinct and will be exercised independently - Decision of blacklisting is not automatic and certainly not a logical consequence of a decision of termination - Even after the department decides to terminate contract, there..........
