Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Change in circumstances - Alteration therein - Held, a perusal of provisions of S.127 of Cr.P.C. makes it clear that where once an order for maintenance is passed u/s 125 of Cr.P.C. amount can be increased or decreased by change of circumstances of person receiving, or of person paying the amount - Change in..........
Civil Procedure Code, 1908, Section 35A -- Compensatory costs - Unless the compensatory costs is brought to a realistic level, the present provision authorizing levy of an absurdly small sum by present day standards may, instead of discouraging such litigation, encourage false and vexatious claims - Legislature may consider award of `punitive costs' under section 35A CPC...........
Civil Procedure Code, 1908, Section 151 -- Inherent powers - Exercise of - Held, inherent powers of Court are not to be used for benefit of litigant who has remedy under CPC - Object of Section 151 CPC is to supplement and not to replace remedies provided for in CPC...........
Criminal Procedure Code, 1973, Section 401 -- Revisional jurisdiction - Ordinarily a private party does not have the right to invoke the revisional jurisdiction of the Court, but in exceptional cases, it does have the right to do so. Under Section 401 Cr.P.C, the revisional jurisdiction can be invoked by the High Court suo motu or upon coming to know about the grave..........
Probation of Offenders Act, 1958, Section 5, Criminal Procedure Code, 1973, Section 357 -- Section 5 of the Probation of Offenders Act provides for granting compensation only while releasing the accused on probation...........
Consumer Protection Act, 1986, Section 2(1)(g), 3, 13(4), 13(5), 13(6) 14(1)(d), 30A, Civil Procedure Code, 1908, Section 86, Carriage by Air Act, 1972, Section 2(i), 2(ii), 3, 7 -- Consumer Protection Regulations, 2005, Regulation 26, - Airlines - Ethiopian Airlines - Foreign sovereign immunity - Claim for - Complaint - Consumer Fora - Term 'suit' - Held that..........
Civil Procedure Code, 1908, Section 13, 14 -- Foreign judgment - Validity in India - Held, under Section 14 of the Code of Civil Procedure, a presumption arises that foreign judgment produced before Court, was pronounced by a Court of competent jurisdiction - But, it is a rebuttable presumption - S.13 of the Code makes a foreign judgment conclusive as to any matter thereby..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Specific performance - Plaint sought to be amended for return of advance money with interest - Held, in accordance with proviso to sub-section (2) of Section 22 of the Specific Relief Act, 1963, plaintiff is entitled to claim such relief and is also entitled to amend his plaint at any stage of the..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22, 29, 25 -- Recovery of loan - Auction sale of property - Object of the Act - Held, Act of 1993 has been enacted for the establishment of Tribunals for expeditious adjudication and recovery of debts due to Banks and Financial Institutions and for matters connected therewith or incidental thereto..........
Criminal Procedure Code, 1973, Section 345 -- Contempt of Court - Summary Proceedings - Petitioner alleged to have insulted Magistrate on 28.01.2008 - Petitioner was not caused to be detained and the proceedings under Section 345(1) was not initiated on the same day - Proceedings initiated on 29.01.2008 - Held, proceedings are outside the scope of Section 345(1) Cr.P.C. -..........
