Indian Penal Code, 1860, Section 406, 34, Criminal Procedure Code, 1973, Section 181(4) -- Criminal breach of trust of stridhan properties - Territorial jurisdiction - Dowry articles were delivered and allegedly retained at place `J' - It is Court at place `J' and not at place `G' having jurisdiction - Order taking cognizance and issuing summons by Court at place `G' set..........
Civil Procedure Code, 1908, Section 39 -- Scope - Transfer order as contemplated u/s 39 CPC is required only when a decree sought to be executed is outside the territorial jurisdiction of Executing Court...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Dismissal of suit due to defect in framing of suit, defect in conduct of suit, failure to address a defect or lack of territorial or pecuniary jurisdiction cannot be brought under purview of S.11 CPC...........
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..........
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..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Leave to file appeal - Dismissal of complaint on the ground that complainant filed complaint before the Court not having territorial jurisdiction to entertain complaint - Delay of 100 days in refiling of complaint - Fact that appellant had not physically collected said complaint would not extend..........
Civil Procedure Code, 1908, Section 19, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - Cause of action - Suit for compensation and damages - Plaintiffs have based their claim on acknowledgement of liability and agreement to pay amount in question, which was allegedly made within limits of Court at place `I' - On account of failure and refusal of..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objections - Territorial jurisdiction - Arbitrator appointed by Hon`ble Chief Justice of Punjab and Haryana High Court - Thus, Courts at Chandigarh that will have jurisdiction...........
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...........
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..........
