Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Jurisdiction - If jurisdiction of Court is not decided at interim stage, then at the time of settling the issues, law provides opportunity to parties to raise the issue of jurisdiction and also empowers the Court to decide that issue - Plaint therefore, can be returned not only at initial stage but the..........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of plaint - Jurisdiction - Object of O.7.R.10-A CPC is not to interfere in jurisdiction of other Court but it is with a view to curtail unnecessary exercise of issuance of summons to defendant when defendant is before Court - Said provision does not create any anomaly or clash in jurisdiction of two Courts...........
Constitution of India, 1950, Article 226 -- Exercise of jurisdiction under Art.226 should not be exercised on mere technicalities especially if the result of such exercise will amount to perpetuation of illegality...........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 179 -- Stridhan - Denial to return stridhan - Jurisdiction - Court at place where victim is settled and stridhan is not returned has jurisdiction...........
Criminal Procedure Code, 1973, Section 179 -- Jurisdiction - Provision of S.179 Cr.P.C. gives jurisdiction to Courts where not only occurrence took place but also to Court where consequence ensued...........
Criminal Procedure Code, 1973, Section 413, 414 -- Death sentence - Delay in execution of death sentence - Commutation to imprisonment for life - Governing principles - (i) An undue long delay in execution of sentence of death would entitle a condemned prisoner to approach the constitutional Court seeking commutation to imprisonment for life; (ii) In deciding upon such a..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Amenability of BCCI - BCCI discharges public function - BCCI was not amenable to writ in infringement of fundamental rights u/art.32 of Constitution and instead was entitled to Art.226 of Constitution which could be applied if any statute, including fundamental rights were breached...........
Civil Procedure Code, 1908, Section 99, Order 1, Rule 10 -- Defect of formal nature - L.R's impleaded - Wrong description as owners as heirs whereas they are alleged to be owners in their own right - Such defect does not in manner affects merits, jurisdiction and maintainability of suit merely on account of wrong description which does not in any manner cause prejudice to..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Evidence Act, 1872, Section 65B -- Illegal gratification - Electronic record - Conversation recorded by voice recorder - Crux of matter is the conversation between complainant and accused No.1 - FSL report stated that conversation is inaudible and same is not considered for spectrographic analysis -..........
Punjab Land Revenue Act, 1887, Section 158 -- Exclusion of jurisdiction of Civil Courts - Petitioner wants to retain possession of parts of suit property which prior to partition proceedings were in his occupation and that of his vendors - Such effort is deprecated because allowing such endeavour to succeed would amount to undoing effect of S.158 of Punjab Land Revenue..........
