Civil Procedure Code, 1908, Order 26, Rule 10, 13, 14 -- Examination of Commissioner - Powers of Court - Suit for partition - Report submitted by Commissioner - Court is empowered U.O.26.R.10 CPC to summon Commissioner as witness to examine report in partition final decree proceedings with right of cross-examination to both the parties - U.O.26.R.10 CPC a party has right..........
Service -- Moulding of relief of reinstatement by School Tribunal - Validity - School Tribunal moulded the relief in exercise of its powers u/s 11(2)(e) of Regulation Act, which confers a power upon School Tribunal to mould the relief and grant a relief which is alternative to reinstatement, as School Tribunal considers appropriate - High Court ought not to interfere in..........
Evidence Act, 1872, Section 115 -- Estoppel - Cannot be laid against Government in exercise of its legislative, sovereign or executive powers...........
Service -- Teacher Eligibility Test (TET) - Relaxation of 5% marks to reserved category candidates - Estoppel against government - Policy decision taken by Government to relax marks for TET pass for specified and under-privileged communities - It is a matter of State policy to frame and prescribe selection norms with regard to services and posts connected with affairs of..........
Criminal Procedure Code, 1973, Section 200, 91(1) -- Summon to produce case diary - Private complaint - Where the complainant was clamoring that all the allegations raised by him are discernible from Case diary in another case - In such case, by exercising the powers conferred on Magistrate u/s 91(1) Cr.P.C., Court below was perfectly right in calling Case diary because of..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Law as to : (i) Concurrent and co-extensive jurisdiction conferred both upon High Court and Court of Session to cancel bail already granted to an accused; (ii) Aggrieved person can approach High Court for cancellation of bail already granted to an accused despite his application for the same relief..........
Company law -- Legality of issue of new ordinary shares - Power of Board of Directors of Company to issue fresh shares must always be viewed as an adjunct of its extensive powers under the Act and bonafides of such an exercise cannot be called into question by construing the power to issue fresh shares to be limited by any particular purpose or purposes - Allotment from..........
Civil Procedure Code, 1908, Section 100, Companies Act, 1956, Section 10F, 397, 398 -- Company Petition - Lease of Industrial Plot - Jurisdiction - There is no provision in S.10F of the Act which is akin to provisions contained in S.100(4) CPC - No case for winding up is made out so as to justify the exercise of powers u/ss 397, 398 of the Act by CLB, would hardly require..........
Criminal Procedure Code, 1973, Section 482 -- Compromise - Non compoundable offence - High Court in exercise of its inherent power can quash criminal proceedings or FIR or complaint - S.320 Cr.P.C. does not limit or affect the powers u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise when matter still under investigation - High Court may accept settlement to quash criminal proceedings - However, where charge is framed but evidence is yet to start, High court can exercise it's powers, but after prima facie assessment of circumstances/material mentioned therein...........
