Criminal Procedure Code, 1973, Section 177, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Territorial jurisdiction - Dowry demand - Wife was forced to leave her matrimonial home at `M' - Wife returned back to her parental home in `S' and filed complaint there - Since, consequence of offence which was committed at `M' occurred at `S',..........
Civil Procedure Code, 1908, Section 20(c) -- Suit for recovery - Territorial jurisdiction - Cause of action - Non payment of price of goods - Cheque issued by defendant at Delhi and realized at Delhi - Therefore, once payment is made at Delhi, Courts where payment is made is Court where part of cause of action arises, thus, Courts at Delhi has jurisdiction to try suit u/s..........
Criminal Procedure Code, 1973, Section 181(a), Indian Penal Code, 1860, Section 420, 408, 468, 471, 477A, 120B -- Territorial jurisdiction - Cheating - Misappropriation of company funds - Accused was required to account for alleged misappropriated properties at the head office of complainant company in Kolkata - Invocation of powers of Magistrate either u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 178, 179, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Territorial jurisdiction - Cruelty - Dowry demand - Accused started demanding dowry from deceased within the territorial jurisdiction of trial Court - Deceased was harassed and treated cruelly by accused for bringing insufficient dowry -..........
Civil Procedure Code, 1908, Section 19, 20, Order 7, Rule 10 -- Defamation - Territorial jurisdiction - Suit for compensation and damages - Defamation caused on account of publication of article in daily newspaper published and circulated in Bihar only - Cause of action does not arise at Delhi merely for the reason that interview took place at Delhi - Mere plea of..........
Negotiable Instruments Act, 1881, Section 138, 142A -- Dishonour of cheque - Territorial jurisdiction - Compliant can be filed within the jurisdiction of Court, where payee bank is situated, as per S.142(2)(a) of the Act...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Court in its order U.O.10 CPC held that plaintiff had failed to disclose any cause of action in Delhi and that it has no territorial jurisdiction - This finding attained finality - Plaint ordered to be returned to the plaintiff...........
Negotiable Instruments Act, 1881, Section 138, 142A -- Dishonour of cheque - Territorial jurisdiction - Cheque presented and dishonoured at Rohtak - Merely because cheque was issued from Bank at Chennai, it will be tortious to call upon complainant to file his case at Chennai - Thus, Court at Rohtak has territorial jurisdiction to try criminal complaint...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 177, 482 -- Territorial jurisdiction - Quashing of FIR - Offence u/s 498-A IPC and Ss.3, 4 of D.P. Act - Offence committed at place `I' - Proceedings pending in Court at place `J' quashed on ground of lack of territorial jurisdiction...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Magistrate while taking cognizance and issuing summons is required to carefully scrutinize whether allegations made in complaint meet the basic ingredients of offence; whether the concept of territorial jurisdiction is satisfied; and further whether accused is really required to be summoned - This has to..........
