Specific Relief Act, 1963, Section 28 -- Specific performance - Extension of time to pay balance sale consideration - Court which passed decree has jurisdiction to extend time to deposit balance sale consideration even when there was a direction in the decree to deposit the balance sale consideration within stipulated time and that on failure to deposit, the suit to stand..........
Specific Relief Act, 1963, Section 28 -- Nature of powers - Recession of contract - Decree in a suit for Specific Performance - The powers u/s 28 of the Act is discretionary - The court can not ordinarily annul the decree once passed by it - Although the power to annul the decree exists yet Section 28 of the Act provideds for complete relief to both the parties in terms of..........
Specific Relief Act, 1963, Section 28 -- Extension of time - Discretion of Court - The Court does not cease to have the power to extend the time even though the trial Court had directed in the decree that payment of balance price to be made by certain date and on failure suit to stand dismissed - The power exercisable under this section is discretionary...........
Income Tax Act, 1961, Section 276B, 278AA -- Non payment of tax - Act provides for imposition of penalty - However, it does not take away the power to prosecute accused if an offence has been committed by them...........
Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 4, 6 -- Notifications for acquisition of land for planned development of residential and commercial area - Challenged in writ petition - Petitioners failed to establish that - (i) Acquisition is for frivolous purpose, (ii) Administrative action of State void, (iii) Power has been used for..........
Criminal Procedure Code, 1973, Section 439(2) -- Anticipatory bail - Cancellation of - Matrimonial dispute - Cruelty, torture and demand of dowry - Court directed husband to pay a sum of Rs.2500/- per month as maintenance to applicant and daughter till disposal of maintenance application by appropriate court - Husband granted anticipatory bail - According to wife appellant..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1), 11, Constitution of India, 1950, Article 22(5) -- Preventive detention - Central Government has the power to revoke the order made by an officer specially empowered by the Central Government...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - During pendency of complaint Court allowed the son of complainant, his general power of attorney holder, to continue the proceedings - No ground to quash the proceedings...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Uncrossed testimony of witness can be considered as evidence for exercise of power u/s 319 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Fine/or compensation - Power of court to impose fine may or may not be limited but power to award compensation is not - Consideration for payment of compensation is somewhat different from payment of fine...........
