Inherent powers are to be exercised by Court in very exceptional circumstances, for which the Code lays down no procedure

The civil courts are authorised to pass such orders as may be necessary for the ends of justice, or to prevent abuse of the process of court, but where an express provision is made to meet a particular situation the Code must be observed, and departure therefrom is not permissible.… Read More Inherent powers are to be exercised by Court in very exceptional circumstances, for which the Code lays down no procedure

When the right of an executor or a legatee under a Will can be established

The said suit, wherein the validity of the sale deed executed in favour of the appellant by Avarani Bose is questioned, has been pending without a decision for more than a decade. The first respondent has not even chosen to appear in this appeal nor explained the delay in securing probate, thereby lending credence to… Read More When the right of an executor or a legatee under a Will can be established

Whether a Magistrate is empowered under Section 156(3) Cr.P.C. to direct the Crime Branch CID to investigate an offence?

The  extract  of Section 156 Cr.P.C.: “156. Police officer’s power to investigate cognizable cases (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into… Read More Whether a Magistrate is empowered under Section 156(3) Cr.P.C. to direct the Crime Branch CID to investigate an offence?

How to exercise inherent power by High Court under Section 482 of the Code?

(2011) 13 SCALE 522 (SUPREME COURT OF INDIA) Punjab State Warehousing Corporation Faridkot Appellant Versus Sh. Durga Ji Traders and Others Respondent (Before : D.K. Jain and Anil R. Dave, JJ.) Criminal Appeal No. 2226 of 2011 (Arising out of S.L.P. (Criminal) No. 5305 of 2008) : Decided On: 28-11-2011 ORDER 1. Leave granted. 2.… Read More How to exercise inherent power by High Court under Section 482 of the Code?

Whether the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under S. 24, 28 or 31(3), which affects the rights of the parties?

Under sub-section (1)(a) of S. 28 there is a mandate to the Arbitral Tribunal to decide the dispute in accordance with the substantive law for the time being in force in India. Admittedly, substantive law would include the Indian Contract Act, the Transfer of Property Act and other such laws in force. Suppose, if the… Read More Whether the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under S. 24, 28 or 31(3), which affects the rights of the parties?

Under S. 167(2) of Cr.P.C accused person is entitled to be released on bail if investigation is not completed within sixty days.

The Provision is Mandatory. In Natabar Parida v. State of Orissa, AIR 1975 SC 1465, the Court explained the mandatory character of the requirement of the proviso to S. 167(2) that an accused person is entitled to be released on bail if the investigation is not completed within sixty days. The Court said: “But then… Read More Under S. 167(2) of Cr.P.C accused person is entitled to be released on bail if investigation is not completed within sixty days.

Whether the Police have the power under the Code of Criminal Procedure to take specimen signature and writing of the accused for examination by the expert.

It was pointed out that during investigation, even the Magistrate cannot direct the accused to give his specimen signature on the asking of the police and only in the amendment of the Code of Criminal Procedure in 2005, power has been given to the Magistrate to direct any person including the accused to give his… Read More Whether the Police have the power under the Code of Criminal Procedure to take specimen signature and writing of the accused for examination by the expert.