Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Marriage between parties cannot be dissolved by Court in the proceedings u/s 125 Cr.P.C, as jurisdiction of Court is limited to determination of aspect of maintenance - Even with the consent of parties, jurisdiction of Court u/s 125 Cr.P.C cannot be expanded so as to concede power with such Court to pass a..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power of Court qua review jurisdiction is no longer res judicata...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power of Court qua review jurisdiction is no longer res judicata...........
Constitution of India, 1950, Article 142 -- Exercise of power under Article 142 of Constitution - Parameters are as follows: (i) Jurisdiction can be exercised to do complete justice between the parties - It cannot be exercised to nullify the benefits derived by a large number of litigants based on judicial orders validly passed in their favour who are not parties to the..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Provision enumerated U.O.8.R.1 CPC is directory and not mandatory and power of Court to provide an extension to scheduled time for filing statement is not completely taken away...........
Supreme Court Rules, 2013, Order 15.5, Supreme Court Rules, 2013, Order 48 -- Curative petition - Order dismissing review petition in open Court hearing - Registry cannot be vested with power to decide whether a review petition after being dismissed in open Court hearing, merited relook through the curative jurisdiction - Question of maintainability of a curative petition..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Power u/s 47 CPC is microscopic and lies within a very narrow inspection hole...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, Rule 22(3)(1) -- Property of mother - Eviction of son and daughter-in-law - Property has been allegedly purchased by father in the name of mother through general power of attorney and other supporting documents - Though..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Discretionary power u/s 319 Cr.P.C. to be used sparingly where circumstances of the case so warrant - In the instant case, materials on record could not be said to have satisfied i.e more than a prima facie case as exercised at the time of framing of charge but short of evidence that if left..........
Civil Procedure Code, 1908, Section 96 -- Appeal - It is open to First appellate Court while exercising power u/s 96 CPC to act as final Court of fact and law...........
