Statute -- Interpretation - Special law and General law - Ordinarily special law override the general law - However, in special circumstances, if the language of the general provision is clear and unqualifying, it would prevail over the special provision and the special provision would have to give way, if the legislature intended to establish a rule of universal..........
Statute -- Special law and General law - When two provisions of law, one of which is general and the other is special, govern the same matter, the Court should make an attempt to give a harmonious construction to both the provisions, but when there was a clear expression in the general rules to exclude the special rules, the same would have to be given effect to...........
Orissa (State) Commission for women Act, 1993, Section 3, 10, Special Marriage Act, 1954, Section 13, 25 -- DNA Test - Petition under Marriage Act for nullity of marriage filed by husband on ground that marriage has not been consummated - Wife filed complaint before Orissa State Women Commission, alleging maltreatment by husband and claimed maintenance being pregnant -..........
Delhi Special Police Establishment Act, 1946, Section 6, Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 200, 203 -- Inaction by police on information laid with police - High Court has power under Art.226 of Constitution to direct CBI to investigate offence without the consent of State - This power is exercised by High Court in order to..........
Civil Procedure Code, 1908, Section 91(1) -- Encroachment of public street - Suit for mandatory/permanent injunction - Causing hardship to plaintiff in ingress and egress to his house situated alongside the street - Special damages caused to plaintiff on account thereof - Held, plaintiff has locus standi to file the suit independently of the provision of S.91 CPC and..........
Civil Procedure Code, 1908, Section 9 -- Suit of civil nature - Jurisdiction of civil court - Held, jurisdiction of civil court to entertain and try a suit of a civil nature, excepting suits of which their cognizance is either expressly or impliedly barred, is guaranteed by Section 9 of the Code of Civil Procedure - A bar of the civil suit could be implied, if a special..........
Civil Procedure Code, 1908, Section 51 -Proviso (c) - Fiduciary relationship - Meaning - All relationships which are built on mutual trust, dependence and confidence of special variety can certainly be described to be fiduciary relationship - Relationship between husband and wife can safely be held to be fiduciary relationship for the purpose of S.51(c) CPC...........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Contract executed on typed stamp paper containing arbitration clause - A printed form attached in which there was a clause excluding arbitration - Held, printed form attached to the contract which excludes arbitration will prevail over the general and special conditions attached to the contract..........
Criminal Procedure Code, 1973, Section 154, Delhi Special Police Establishment Act, 1946, Section 3 -- FIR - Anti Sikh riot case - FIR registered - Investigation entrusted to CBI - CBI re-numbered FIR in accordance with practice and obligation under their manual but contents of the earlier FIR not changed - Held, merely giving a new number to the FIR by CBI would not make..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 19, Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Evacuee land allotted to displaced person - Allottee transferring land through sale for valuable consideration - Chief Settlement Commissioner cancelled allotment being invalid - Held, transferee is not entitled to protection of..........
