Consumer Protection Act, 1986, Section 15, Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 340,195 -- Only averment made by the complainant/appellant before the District Forum was that affidavits of the officials of the OP being contrary to the factual position on record - No application moved by complainant seeking initiation of the inquiry under..........
Specific Relief Act, 1963, Section 16(c) -- Readiness and willingness to perform contract - Mandatorily required in terms of Section 16(c) - Incumbent upon plaintiff both to aver and prove that he had all along been ready and willing to perform essential terms of contract required to be performed by him - Forms 47 and 48 of Appendix A Civil Procedure Code prescribe the..........
Civil Procedure Code, 1908, Section 96, 100 -- Court of appeal should not ordinarily interfere with the discretion exercised by Courts below in discretionary relief of specific performance - Specific Relief Act, Section 20...........
Specific Relief Act, 1963, Section 20 -- Discretionary relief of specific performance - Trial Court and first Appellate Court refused to exercise discretionary jurisdiction - High Court should not interfere therewith without arriving at a finding that discretion exercised by Courts below on wrong legal principle - Civil Procedure Code, Section 100...........
Criminal Procedure Code, 1973, Section 482,320, Penal Code, 1860, Section 498A,406 -- r/w 226/227 of the Constitution of India - Inherent powers - Quashing of criminal proceedings - Non compoundable offence - Held that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 Cr.P.C. does not limit or affect the..........
Punjab Municipal Act, 1911, Section 192(3), Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 11 -- Town Planning Scheme sanctioned on 22.7.1981 - Against the Scheme writ petition dismissed on 3.10.1990, Special Leave Petition dismissed on 10.3.1991, a suit and appeal also dismissed in 1992 - On 7.1.1994 in exercise of powers under Section 19..........
Criminal Procedure Code, 1973, Section 155 -- When offences for which case is registered is non-cognizable, then police officer has to necessarily obtain warrant under Section 155 Cr.P.C. before arresting the accused...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot shut its eyes to perverse findings of Courts below - Findings of fact if contrary to evidence on record - Such finding can be set aside by High Court in appeal under Section 100...........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 9, Civil Procedure Code, 1908, Section , Order 41 -- Dismissal of appeal for non-prosecution by persons interested - Can be only under Section 151 - Not under any other provision of Order 41 - Appeal if dismissed under Section 151 - Article 122 Limitation Act has no application - Court when makes order under Section..........
Limitation Act, 1963, Article 137, 122 -- Application by person not a party to proceedings for restoration of appeal dismissed for non-prosecution - Falls within scope of Article 137 - Not within scope of Article 122 - Application filed within 3 years for setting aside order of dismissal of appeal - Within time - Civil Procedure Code, Section 151 and Order 22 Rule 9 &..........
