Hindu Law -- Partition suit - Contempt of Court - Plaintiff filed suit for partition on frivolous grounds claiming rights in self acquired property of first defendant and also in properties which were partitioned long back between him and first defendant - He approached this Court by invoking contempt jurisdiction with a mala fide intention - Held, keeping in view the..........
Negotiable Instruments Act, 1881, Section 138, 141, 142, 145 -- Dishonour of cheque - Jurisdiction - Notice sent from Hapur - Reply sent from Mumbai at Hapur address - One of the components of offence that is notice in writing to the drawer of the cheque demanding payment of amount was sent from Hapur - Held, Court at Hapur has jurisdiction to try the case...........
Specific Relief Act, 1963, Section 38, Northern India Canal and Drainage Act, 1873, Section 30G -- Forcibly digging Khal/watercourse - Grant of permanent injunction - Jurisdiction of civil Court - Held, civil Court will certainly have jurisdiction to prevent or threatened wrong - In such a situation, civil suit is not barred by S.30-G of 1873 Act - Canal Authorities can..........
Punjab Municipal Act, 1911, Section 65, 66, 67, 68A -- House tax - Assessment of - Violation of procedure - Jurisdiction to entertain civil suit - Plaintiff was paying a sum of Rs.162/- as house tax for building in question under the Act - Before any element of tax has to be enhanced, there is a procedure to issue notice and make a fresh assessment and call for objections..........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Order directing registration of case and investigation - Order passed by Magistrate u/s 156(3) has already been executed and FIR has been registered against accused - Revisional Court, inspite of this fact entertained revision of accused and also stayed their arrest till submission of charge-sheet - Held, this was..........
Punjab Land Revenue Act, 1887, Section 158 -- Brick earth - Jurisdiction of civil court - Declaratory suit with consequential relief of permanent injunction restraining appellant-State from assessing, levying or recovering royalty on brick earth - Maintainability - Held, once notice has been found to be beyond the four corners of the Land Revenue Act then suit would be..........
Arbitration and Conciliation Act, 1996, Section 8 -- Appointment of arbitrator - Ordinary Civil Court cannot be approached for mere purpose of appointing an arbitrator - Court gets jurisdiction to refer the parties to arbitration (where there is an arbitration agreement) only if an action is pending before the Court...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 21(3), 44 -- Consolidation proceedings - Order passed therein - Declaratory suit thereagainst - Maintainability - Suit for declaration with consequential relief of permanent injunction challenging order passed by competent authority in consolidation proceedings u/s 21(3) of the Act on..........
Civil Procedure Code, 1908, Section 9, Evidence Act, 1872, Section 115 -- Jurisdiction of Civil Court - Estoppel - Suit for possession - Defendants themselves have denied relationship of landlord and tenant - Held, they are estopped to say that civil court has no jurisdiction to try the suit...........
Criminal Procedure Code, 1973, Section 178(c),179, Indian Penal Code, 1860, Section 323, 498A -- Cruelty - Territorial jurisdiction - Harassment and cruelty as alleged was caused to opposite party No.2 at the hands of accused-petitioners at her sasural situated in Distt. Lakhisarai and she was driven out from there by them by snatching her personal belongings and she,..........