Specific Relief Act, 1963, Section 6(3), Civil Procedure Code, 1908, Section 115 -- Suit for possession - Appeal - Maintainability - Held, no appeal lies against decree passed in suit u/s 6 of the Specific Relief Act - However, in such cases where a suit upon title is wrongly treated as a suit u/s 6, an appeal lies - Proper procedure for appellate Court in such case is to..........
Criminal Procedure Code, 1973, Section 167(2)(a), Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Period of custody - Held, u/s 306, IPC offence can be punished for a term of imprisonment which may extend to ten years which shows that imprisonment under this Section can be for a period of less than ten years and such case would not be covered by clear..........
Criminal Procedure Code, 1973, Section 25A -- amended by Act 25 of 2005) - Director General of Prosecution - Procedure for appointment - Held, qualification for appointment of Director of Prosecution is 10 years experience and for appointment concurrence of Chief Justice of High Court is required u/s 25A(2) - State Govt. is left with complete discretion to start a..........
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..........
