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Showing : 1-10 of 590 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Jurisdiction - Quashing of proceedings - Question of lack of jurisdiction and delay in submitting complaint has to be agitated in the trial Court - Filing of complaint in Court at place `L' does not appear to be wrong or erroneous - It does not come out..........

CALCUTTA HIGH COURT

Year of decision: 2020
Details

Guardians and Wards Act, 1890, Section 9, 12, 25(1), Hindu Minority and Guardianship Act, 1956, Section 13 -- Custody of minor child - Jurisdiction - Petition, in case of guardianship of minor, is to be filed in the Court under whose territorial jurisdiction the minor, ordinarily resides - If such application relates to property of minor there are two fora and applicant..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Constitution of India, 1950, Article 366(29A)(d), Karnataka Sales Tax Act, 1957, Section 2(t), 5C -- Deemed Sale - Transfer of right to use tug - Liability to pay tax - Taxable event is transfer of right to use goods regardless of when or whether goods are delivered for use - Deemed sale takes place at site where right to use goods is transferred - It is of no relevance..........

DELHI HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint - Lack of territorial jurisdiction - If Court comes to conclusion that it has no territorial jurisdiction then Court not to decide other issues, including that U.O.2.R.2 CPC...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Recovery suit - Application in question filed at argument stage - Plaintiff had knowledge about objection with regard to territorial jurisdiction of Court in view of written statement filed by defendants after filing of plaint - However, despite filing replication, plaintiff did not seek any withdrawal of suit..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 8(2) -- Representative suit - Notice of institution of suit - Suit land is situated in three different villages - Though munadi is effected - However, nothing brought on record as to whether munadi was conducted in different villages or defendants as shown in plaint are really residents of those villagers in which they have been..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Tender -- Bid for construction of road - Dispute regarding distance of `Hot Mix Plant' owned by bidder from last point of working as per tender conditions - Where the issue does not relate to strict construction of territorial jurisdiction, it is always open for decision making authority to have a report from independent authority to arrive at just decision, particularly..........

DELHI HIGH COURT

Year of decision: 2019
Details

Family Courts Act, 1984, Section 7(g), Guardians and Wards Act, 1890, Section 9 -- Custody of child - Jurisdiction of Court - No part of claim falls in territorial jurisdiction of Delhi, as child was born in and continues to reside in Guwahati Assam - Act of deprivation of minor's custody and residence, thus, arose at Guwahati Assam - Petition for custody of child thus,..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 202 -- Complaint sent to police u/s 156(3) Cr.P.C. for investigation - Police filed negative final report on the ground that it is not having territorial jurisdiction - Complainant filed protest petition and Magistrate proceeded to record statement of complainant and his witnesses thereby he commenced investigating the case - Order..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Constitution of India, 1950, Article 226 -- Writ jurisdiction - Private agreement conferring exclusive jurisdiction on Courts at Chennai - Mere fact that Madras High Court is capable of granting adequate relief to appellant does not create a legal bar on Bombay High Court exercising its writ jurisdiction - Bombay High Court failed to examine case holistically and make a..........

Showing : 1-10 of 590 Results