Forfeiture of the Right to Appoint Arbitrator

(2013) 4 SCC 35, Deep Trading Company v. Indian Oil Corporation

 

Appointment by the Corporation during the pendency of proceedings under Section 11(6) of the Arbitration and Conciliation Act, 1996 is non est, as the appointment after forfeiture of its right is of no consequence.

GO whose quashing is sought must be produced before the court

Any government order sought to be challenged before the High Court, must be produced before it. It is improper to quash an order which is not produced before the High Court.

(1986) 4 SCC 667

(2009) 8 SCC 492

 

Relationship between Section 125 CrPC and Section 18 of HAMA

"Proceeding under Section 125 Cr.P.C. is summary in nature and intended to provide a speedy remedy to the wife and any order passed under Section 125 Cr.P.C. by compromise or otherwise cannot foreclose the remedy available to a wife under Section 18(2) of the Hindu Adoption and Maintenance Act." 

Nagendrappa Natikar Vs. Neelamma dated 15-3-2013 available athttp://www.supremelaw.in/2013/03/nagendrappa-natikar-vs-neelamma.html

Power of Attorney Holder cannot depose in lieu of the person who attorney s/he is

It is a settled legal proposition that the power of attorney holder cannot depose in place of the principal. Provisions of Order III, Rules 1 and 2 CPC empower the holder of the power of attorney to  "act" on behalf of the principal. The word "acts" employed therein is confined only to "acts" done by the power-of-attorney holder, in exercise of the power granted to him by virtue of the instrument. The term "acts", would not include deposing in place and instead of the principal. In other words, if the power-ofattorney holder has preferred any "acts" in pursuance of the power of attorney, he may depose for the principal in respect of such acts, but he cannot depose for the principal for acts done by the principal, and not by him. Similarly, he cannot depose for the principal in respect of a matter, as regards which, only the principal can have personal knowledge and in respect of which, the principal is entitled to be crossexamined. (See: Vidhyadhar v. Manikrao & Anr., AIR 1999 SC 1441; Janki Vashdeo Bhojwani v. Indusind Bank Ltd., (2005) 2 SCC 217; M/S Shankar Finance and Investment v. State of A.P & Ors., AIR 2009 SC 422; and Man Kaur v. Hartar Singh Sangha, (2010) 10 SCC 512).

Relief of Rectification

Subhadra & Ors. v. Thankam, AIR 2010 SC 3031, this Court while deciding upon whether the  agreement suffers from any ambiguity and whether rectification is needed, held that when the description
of the entire property has been given and in the face of the matters being beyond ambiguity, the question  of rectification in terms of Section 26 of the Act would, thus, not arise. The provisions of Section 26 of the Act would be attracted in limited cases. The provisions of this Section do not have a general  application. These provisions can be attracted in the cases only where the ingredients stated in the Section
are satisfied. The relief of rectification can be claimed where it is through fraud or a mutual mistake of the  parties that real intention of the parties is not expressed in relation to an instrument.

 

(Also see: State of Karnataka & Anr. v. K. K. Mohandas &  etc, AIR 2007 SC 2917)

No application lies in disposed of writ petition

Nazma v. Javeda @ Anjum, 2013 (1) SCC 376

Courts have no power of review in criminal matter except carrying out typographical or clerical errors. Practice of entertaining miscellaneous applications after disposal of main petition strongly deprecated.

Scope of Contempt Jurisdiction

Contempt court is precluded from adjudicating on the merits of a controversy by passing supplemental order.
VM Manohar Prasad v. N Ratnam Raju, (2004) 13 SCC 610

See also: (2004) 7 SCC 261