Civil Procedure Code, 1908, Section 151 -- Inherent power - Can be exercised ex debito justitiae in those cases where there is no express provision in the Code - Inherent power cannot be exercised in contravention or in conflict of or ignoring express and specific provision of law...........
Agreement to sell -- Specific performance - Bonafide purchaser for valuable consideration - Power of attorney - Revoked after sometime - Agreement to sell executed by him thereafter - Another attorney appointed - Second attorney selling property to another person - Held, suit for specific performance on basis of agreement executed by power of attorney holder after..........
Agreement to sell -- Suit for specific performance - Power of attorney - Revoked - Agreement to sell executed thereafter - Agreement to sell has no legal sanctity - Suit for specific performance is not competent...........
Arbitration and Conciliation Act, 1996, Section 34(2) -- Arbitration award - Setting aside - Principles laid down - An arbitration award can be set aside when it is (i) contrary to substantive provisions of law ; or (ii) the provisions of the Arbitration and Conciliation Act, 1996 ; or (iii) against the terms of the respective contract ; or (iv) patently illegal, or (iv)..........
Indian Penal Code, 1860, Section 34 -- Common intention - S.34 IPC is applicable if no injury has been caused by the particular accused himself - For applying S.34 it is not necessary to show some specific overt act on the part of the accused, when it is shown that there was common intention and meeting of mind...........
Criminal Procedure Code, 1973, Section 227, 228, Indian Penal Code, 1860, Section 498A, 304B -- Charge u/s 304-B but conviction u/s 498-A IPC - Charge not framed u/s 498-A - Held, that accused can be convicted u/s 498-A IPC though no specific charge was framed u/s 498-A IPC - Held, that appellant was not only aware of the charge of cruelty but he got and availed the..........
Service -- Dismissal - Enquiry - Plea of employee that he was not furnished with the required document and department's witnesses were not examined in his presence - Specifically controverted - Held, mere denial for the sake of denial is not an answer to the specific allegations...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Once a membership of an unlawful assembly is established it is not incumbent on the prosecution to establish whether any specific overt act has been assigned to any accused - In other words, mere membership of the unlawful assembly is sufficient and every member of an unlawful assembly is vicariously liable for..........
Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Demand of dowry - Complaint filed after two years of demand - Reasons for delay not indicated - Wife implicated all the family members including second wife of husband whereas no specific role has been specifically ascribed to anybody except the husband - Proceedings quashed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Subsequent agreement to sell with another person - Held, such a person is not a necessary party for determination of the genuineness or otherwise of the agreement of sale entered into in between the parties to the suit - Application dismissed...........
