1908 Section 115 Order 5 - Law Dictionary Search Results
Interim orders/interlocutory orders
of the parties, Midnapore Peoples' Co-op. Bank Ltd. v. Chunilal Nanda, AIR 2006 SC 2190. Civil Procedure Code, 1908, O. 39, r. 1 … the rights and obligations of the parties, Midnapore Peoples' Co-op. Bank Ltd. v. Chunilal Nanda, AIR 2006 SC 2190. Civil Procedure Code, 1908, O. 39, … Interim orders/interlocutory orders, passed during the pendency of a case, fall under one or the other of the following categories:
Habeas corpus testificandum
9; (English) County Courts Act, 1888, s. 112 (see, now, 1934 Act, s. 83); Graham v. Glover, (1855) 5 E. & B. 591; (English) Crown Office Rules, 1906, rr. 228-230; Prisons Act, 1898, s. 11. … a county Court has power, on a proper application being made to him, to issue a warrant or order to bring up as a witness in any civil or criminal proceeding any prisoner in custody on a
Decree of affirmance
Rajaram v. T. Radhakrishnayya, AIR 1961 SC 1795 (1801): (1962) 2 SCR 452. [Civil Procedure Code (5 of 1908), s. 110] … Decree of affirmance, in determining the question as to whether the appellate decree passed by the High Court affirmed
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Writ of certiorari
exercise of supervisory jurisdiction which is different from appellate jurisdiction. The writ jurisdiction extends only to cases where orders are passed by inferior Courts or Tribunals in excess of their jurisdiction or as a result of their … they act illegally or improperly in the exercise of their jurisdiction causing gave miscarriage of justice, Swarn Singh v. State of Punjab, (1976) 2 SCC 868 (872): AIR 1976 SC 232. (Constitution of India, Art. 226)
Pass such orders as the Tribunal thinks fit
as the Tribunal thinks fit, includes all the powers which are conferred upon the Appellate Assistant Commissioner by section 31 of the Income Tax Act, 1922, Consequently the Tribunal has the authority under this section to direct … Pass such orders as the Tribunal thinks fit, includes all the powers which are conferred upon the Appellate Assistant Commissioner by … off the case on the basis of such inquiry, Hukumchand Mills Ltd. v. Commissioner of Income Tax, Bombay, AIR 1967 SC 455.
Decision or order passed by an Officer of Customs under this Act
Decision or order passed by an Officer of Customs under this Act, The words 'decision or order passed by an Officer … of India v. Tarachand Gupta and Bros., (1971) 1 SCC 486: AIR 1971 SC 1558: (1971) 3 SCR 557.
Make such order as it thinks fit
Make such order as it thinks fit, The words 'may make such order as it thinks fit' in the s. vest … justice, keeping in view the class and nature of the property and the material before it, N. Madhavan v. State of Kerala, AIR 1979 SC 1829 (1830): (1979) 4 SCC 1: (1980) 1 SCR 228. [CrPC, 1973,
order
entry qualified domestic relations order : an order, decree, or judgment that satisfies the criteria set out in section 414 of the Internal Revenue Code for the payment of all or part of individual pension, profit sharing, … adjudication and subject to judicial review and enforcement [an administrative may not be inconsistent with the Constitution "Wells v. State, 654 So. 2d 145 (1995)"] c : an authoritative command issued by the court [violated a court
Date of detention under the order
Date of detention under the order, The words 'the date of detention under the order' mean the date on which the detenu was arrested … detention under the order' mean the date on which the detenu was arrested under the order, Deonarayan Mondal v. State of West Bengal, AIR 1973 SC 1353 (1354). [Maintenance of Internal Security Act (26 of 1971), s.
Acting in any manner prejudicial to the main-tenance of public order
Acting in any manner prejudicial to the main-tenance of public order, The expressions 'law and order', 'public order' and 'security of the State' are distinct concepts though not always … of the State' and 'acting in any manner prejudicial to the maintenance of public order' separately, G.M. Shah v. State of Jammu and Kashmir (1980) 1 SCC 132: AIR 1980 SC 494 (498).
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