Specific Relief Act, 1963, Section 16(c) -- Agreement to sell - Specific performance - Readiness and willingness - Plaintiff specifically pleaded in the plaint in terms of the requirement as provided under Section 16(c) of the Specific Relief Act that he was and is still ready and willing to pay the balance consideration amount and get the sale deed executed and registered..........
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..........
Motor Vehicles Act, 1988, Section 149 -- Accident - Compensation - Claim petition - Insurer need not be impleaded as a party - It should only be issued a statutory notice u/s 149(2) of the Act - Insurer can resist the claim on any of the grounds mentioned in S.149 clauses (a) and (b) of sub-section (2) of the Act...........
Interpretation of Statutes -- Central Excise Act, 1944, S.2(f) - Section Note - Applicability - Held, Section Note has very limited purpose of extending coverage to particular items to relevant tariff entry in the Schedule for determining the applicable rate of duty - It cannot be readily construed to have any deeming effect in relation to process of manufacture as..........
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...........
Evidence Act, 1872, Section 73 -- Comparison of signatures - Exercise of power by court - Held, with regard to Section 73 of the Indian Evidence Act, 1872, it is common judicial parlance that normally the Courts should be slow to compare disputed document with admitted document for comparison although Section 73 empowers the Court to compare disputed writings with the..........
Constitution of India, 1950, Section 14, Article 243, Rule 33B - - Removal of Pradhan - Object of notice contemplated under the provision of Section 14 read with Rule 33-B - Held, notice contemplated under the provision of Section 14 read with Rule 33-B of the Rules refers to the proposal or intention of the members of the Gram Sabha for the removal of the Pradhan and it..........
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...........
Family Courts Act, 1984, Section 7(1) - - `Circumstances' arising out of marital relationship - The first respondent happened to stand as a surety for appellant for the amount due from him to K.S.F.E. only because of the influence or compulsion of her husband when marital relationship between her and her husband was subsisting and also when she was staying in her..........
Contempt of Courts Act, 1971, Section 12,2(c) -- Contempt of court - Notice issued to contemnors - Contemnors tendered unconditional apology at earliest point of time - Held, explanation to sub-section (1) of Section 12 of the Act enables Court to accept apology if same is bona fide and discharge accused accordingly...........
