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..........
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..........
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,..........
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..........
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..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 14, Rule 2 -- Transfer of suit - Lack of territorial jurisdiction is not a ground to exercise power u/s 24 CPC to withdraw and transfer suits from one Court to another Court - But it is a ground to return plaint U.O.7.R.10 CPC or petitioner may file an appropriate application U.O.14.R.2 CPC to..........
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction - Wife claiming to have been harassed by husband not only in India but also abroad - Though no part of cause of action arose in city of Bengaluru, however, complaint filed u/s 498-A IPC a liberal approach requires to be adopted -..........
Negotiable Instruments Act, 1881, Section 138, 141, 142(2)(a) -- Dishonour of cheque - Territorial jurisdiction - To be determined by the place where drawee maintains an account...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Territorial jurisdiction of Court - Court where bank of payee where cheque is presented for payment is situated, would have territorial jurisdiction to entertain complaint, as per amended provisions of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Territorial jurisdiction of Court - Complaint of complainant returned to be presented before Court of competent jurisdiction - Complainant immediately assailed the said order by filing present proceedings - Present proceedings would be deemed to be continuation of proceedings before trial..........
