Madhya Pradesh (Chhattisgarh) Nagar Thatha Gram Nivesh Adhiniyam, 1973, Section 50(1) -- Development Authority to declare its intention to prepare a Town Development Scheme "at any time" - Phrase "at any time" does not give unbridled arbitrary power to the Authority as it requires study, survey and assessment of need/requirement of plots for the residents of the area..........
Administration of Justice -- Judicial propriety - Raising a plea for the first time before Supreme Court - Question of law raised upon admitted facts - Not only competent but expedient, in the interest of justice, to entertain the plea - Practice of Government to raise technical pleas to defeat the rights of the citizens - Frowned upon by Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - Quashing of complaint - Admittedly, no allegation in complaint that cheque is issued by Trust in discharge of its past liability and accused at time of commission of offence was incharge of and responsible for conduct of business of Trust - Even, there is no whisper in..........
Evidence Act, 1872, Section 159 -- Refreshing memory - Conditions under which refreshing of memory can be allowed are : (a) when the witness indicates to the judge that he/she cannot recollect at the present moment details of event(s) due to lapse of time; (b) that the witness discloses existence of writing or storage of data in any device wherein he/she recorded the..........
Limitation Act, 1963, Section 14 -- Exemption of time - Seeking remedy in wrong forum - Defendant pursued the testamentary suit in bona fide belief that rights of parties to benefits of estate would also be decided therein - Benefit of S.14 of Act would be available to defendants and they cannot be precluded from filing an independent suit in establishing their claims...........
Civil Procedure Code, 1908, Section 148 -- Extension of time - Where Court has power to fix time and that power is not regulated by any statutory limits such as Limitation Act, it has power to extend the same...........
Indian Penal Code, 1860, Section 376, 420 -- Rape - Cheating - Promise of marriage - Prosecutrix has nowhere alleged that petitioner has no intention to marry her since beginning - In fact, parents of petitioner approved their marriage but later due to some dispute between parties, marriage could not be materialized - Prosecutrix had never raised any grievance before any..........
Civil Procedure Code, 1908, Section 148 -- Extension of time - Discretion of Court to grant extension can be applied in two situation : (i) only at the time when decree is passed where decree itself sets out an extended time for performance when parties had originally contracted; (ii) it can extend time after decree if decree was passed by Court containing a stipulation as..........
Civil Procedure Code, 1908, Section 148 -- Extension of time - Suit for specific performance - Compromise decree - Decree which is brought under compromise cannot be in any way altered by Court - Court has no such power, for otherwise, it would mean that what parties have agreed upon can be subject to variation by Court's discretion - Court does not enjoy any such..........
Specific Relief Act, 1963, Section 16(c) -- Agreement to sell - Readiness and willingness - Requirement of readiness and willingness to perform the part of contract ought to exist on three occasions: (i) At the time of time stipulated in agreement; (ii) During pendency of suit when plaintiff's action is tested about on his pleadings of readiness and willingness u/s 16(c)..........
