Specific Relief Act, Section 38 -- Suit for permanent injunction restraining defendant from interfering with plaintiff's peaceful enjoyment of street or from raising any construction so as to obstruct use of said street on the side of his house - Objection that suit not maintainable as suit for injunction filed without complying with requirement of Section 91 Civil..........
Criminal Procedure Code, 1973, Section 164 -- A witness cannot, on his own motion, approach a Magistrate with a request that his statement may be recorded under Section 164 - Magistrate has no power to record statement of such a stranger u/s 164 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Accused convicted - Matter posted to next day for the presence of the accused so as to hear him on the question of sentence - Accused failing to turn up and non bailable warrant issued - Petition under Section 482 moved by accused before High Court which stayed arrest - Not justifiable - High Court intervened..........
Haryana Ceiling on Lands Holdings Act, 1972 -- Review - No provision in the Act - Civil Procedure Code, Order 47 Rule 1 and Section 114...........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(1)(b) -- Maintenance - Divorced Muslim woman - Claim of maintenance for child against Muslim father - Both under the Personal Law and the statutory law (Section 125 of the Cr.P.C.) the obligation of a Muslim father, having sufficient means, to maintain his minor..........
Jammu and Kashmir Consumer Protection Act, 1987, Section 3 -- Act not in derogation of any other law - Section 3 envisages that the provisions of the Act are in addition to and not in derogation of any other provision of other law - The Act provides the additional remedy independent of provisions of other laws like Arbitration Act, Contract Act and Section 9 of the Civil..........
Civil Procedure Code, 1908, Section 105, 115, Order 43, Rule 1 -- Provision of Section 105 intends to protect the spirit behind Order 43 Rule 1 - Appeals from orders passed during course of suit - Controlled by Order 43 Rule 1 - Section 105 is to regulate and control Order 43 Rule 1 - Section 115 is absolute provision not controlled or guided by any of the provisions - No..........
Civil Procedure Code, 1908, Section 115 -- As amended by Act 104 of 1976 - Scope of revisional jurisdiction of High Court extended - Amended Section 115 capable of being given distinct and different interpretation than the interpretation which Section 115 was capable prior to amendment - Purohit's case AIR 1953 Rajasthan 137 and Mangal's case AIR 1957 Rajasthan 68..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22 -- When Section 22 of the Act says that the Tribunal shall not be bound by the procedure laid by the Code of Civil Procedure, it does not mean that it will not have jurisdiction to exercise powers of a Court as contained in the Code of Civil Procedure - Rather, the Tribunal can travel beyond..........
Indian Penal Code, 1860, Section 498A, 406, Dowry Prohibition Act, 1961, Section 6, Criminal Procedure Code, 1973, Section 190(1), 156(3), 468, 473 -- Dowry demand - Complaint that wife was beaten by husband, mother-in-law and sister-in-law as her parents failed to satisfy demand of dowry and sent out of matrimonial home - Magistrate took cognizance of offence on report..........
