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Section 311 of Code of Criminal Procedure says:

“311. Power to summon material witness, or examine person present. – Any court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.”[1]

Besides the above specific provision under the Cr. P.C. empowering the criminal and civil Courts as the case may be, to summon and examine witnesses, a Judge in order to discover or to obtain proof of relevant facts is empowered under Section 165 of the Indian Evidence Act to exercise all the privileges and powers subject to the proviso to that section which power he has under the Evidence Act. Section 540 of the old Code (Section 311 of the new Code) and Section 165 of the Evidence Act may be said to be complementary to each other and as observed by this Court in Jamatraj Kewalji Govani v. State of Maharashtra[2], these two sections between them confer jurisdiction on the Judge to act in aid of justice.

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The Criminal Procedure Code, 1973, Section 482 says :

“Nothing in this code shall be deemed to limit or effect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under the code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice” [1]

Exercise of power under Section 482 Cr.P.C. is the exception and not rule – Inherent jurisdiction of High Court under Section 482 Cr.P.C. may be exercised :-

1.         To give effect to an order under the Code.

2.         To prevent abuse of the process of Court.

3.         To otherwise secure the ends of justice.

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Prior to the partition of India, the Shamlat-deh lands in Punjab were owned by the proprietors of the other lands in the village, “Hasab Rasad Khewat” in the same proportion in which they owned the other lands. A person who did not own any other land in the village could therefore have no proprietary right or interest in Shamlat-deh lands. There were some villages in Punjab which were mostly inhabited by Muslims, with the result that almost all the lands in those villages were owned by Muslim proprietors who, as a result of their proprietary interest in those Lands had a proportionate undivided’ share in the Shamlat-deh lands.

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The Punjab Land Revenue Act, 1887, defines Record of Rights under Section 31. It says that, there shall be record-of-rights for each estate. It is also known as JAMABANDI. 

 Documents included in the record-of-rights are:

(a)      statements showing, so far as may be practicable: -

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Concept of notionalpromotion is to ensure monetary benefits to the employees and, therefore, the petitioner was entitled to get the monetary benefits on account of the promotion given to him.

Hakam Singh v. State of Punjab, (P&H) (D.B.)[1]

If the employee retires but is found entitled to promotion from the date his junior was promoted illegally, he is entitled to notionalpromotion and arrears of difference of pay on that basis. The relief cannot be denied on the hypothesis that two persons cannot be deemed to hold one post and both to draw salary against the same post.

Om Parkash Gupta v. State of Haryana, (P&H)(DB)

Denial of  Ground that petitioner had not worked on post.Held, since respondents themselves granted promotion from backdate. Petitioner is entitled to pay fixation and benefits of promoted post from said date .

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While International Law is applied in the relations of the States and to other subjects of International Law, Whereas municipal law which is also known as national or State law, is applied within a State to the individuals and corporate entities which are the bearers of rights and duties there under. [1]

Originally, the relationship between the two laws was a matter of theoretical importance i.e., whether International Law and municipal law are parts of a universal legal order or they form two distinct systems of law. But at present the question has acquired practical significance as well. When there exists a conflict between the rules of International Law and municipal law, a Court is faced with the difficulty of arriving at a decision. Before an international tribunal, the question is one of primacy—whether International Law takes primacy over municipal law, or vice versa.

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From the English definition of Contract of sale comprises of two things one is sale and other is agreement to sell. Having regard to the sharp distinction maintained in the Indian Act between Agreement and contract it is not desirable to use the expression agreement to sell. But now the chapter Sale of goods stands in the Indian Act, the expression sale contract of sale, contract for the sale of goods and agreement for sale are used more or less discriminately. It is so as to maintain a distinction between sale and contract of sale corresponding to with agreement to sell in the English Act. 

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