Registration Act, 1908, Section 68(2) -- Cancellation of sale deeds - District Registrar is not empowered to cancel the sale deeds, as registering authority has no jurisdiction or authority to adjudicate disputed facts regarding civil rights of parties - Competent civil Court of law alone is empowered to declare civil rights...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Guidelines issued: (a) Notice when sent by registered post or speed post at the correct address then presumption of service of notice shall ordinarily arise; (b) Complaint shall not be dismissed solely on the ground that track report or acknowledgment due card not filed, if complainant..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - S.24 CPC confers a wide and discretionary jurisdiction upon High Court and District Court to transfer or withdraw any suit, appeal or other proceeding at any stage either on application of any of parties or even suo motu...........
Family Courts Act, 1984, Section 7, 8 -- Jurisdiction of family Court - Family disputes, dissolution of marriage, decree of divorce under Hindu Marriage Act or Special Marriage Act can only be entertained by Family Court u/ss 7 & 8 of Family Courts Act and in absence of Family Court, District Court can examine the matters...........
Civil Procedure Code, 1908, Section 2(4), General Clauses Act, 1897, Section 3, 17 -- District Court - District Court with family jurisdiction would be a Principal Civil Court of original jurisdiction as per S.2(4) CPC and Ss.3, 17 of General Clauses Act...........
Family Courts Act, 1984, Section 7, 8 -- Jurisdiction of family Court - Plaintiff is seeking a decree of divorce/talaq by Matrimonial suit which he had filed before Civil Judge (Jr. Div.) - In absence of Family Court in District, only competent authority to deal with such matrimonial matter is District Judge or Civil Court - Civil Judge (Jr. Div) had no such authority or..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- (Criminal Procedure Code, 1973, S.407) - Transfer of case on the ground of judge being biased - Judge cannot be presumed to be biased merely because a litigant's relative is a junior official in the same district Court or a police officer within the Court's jurisdiction...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Long delay in framing of charges - Withholding of framing of charges for a long time is absolutely unacceptable - There is apparent slackness on the part of prosecution to assist Court for ensuring that charges are framed - Additional District and Sessions Judge, directed to submit a report..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20, 22, Criminal Procedure Code, 1973, Section 125(3), 421 -- Orders passed u/ss 12, 19, 20, 22 PWDV Act - Execution of orders - Magistrate directed to attach and auction immovable property of husband/JD that too situated outside the jurisdiction of Court - Magistrate could only issue a warrant for levy..........
Tender -- Rejection of technical bid - Haisiyat Praman Patra not issued by District Magistrate - Notice Inviting Tender (NIT) specifies no condition that Haisiyat Praman Patra submitted by a prospective bidder must be issued only by a District Magistrate in terms of Government notification - Appellant's certificate has been issued by an experienced valuer registered with..........
