Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21 -- Residence order - Jurisdiction of Family Court - Petition filed by wife for grant of maintenance u/s.125 Cr.P.C. - No application made by wife praying for residence order - Held, remedies u/ss 18, 19, 20, 21 of Act could be sought by filing written..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Trial Court decided issue of jurisdiction without allowing parties to lead evidence and returned the plaint for being presented before competent Court - Held, impugned order passed by trial Court liable to be set aside - Trial Court directed to decide issue of jurisdiction in accordance with law..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Suit for declaration as to right, title and owner of immovable property - Plaintiff is bound to give description of suit property including boundaries thereof and cannot suppress market value of suit property for the purposes of valuation of suit for the purposes of jurisdiction of Court and also the payment of the Court fees...........
Civil Procedure Code, 1908, Order 15, Rule 5(As - - Several defaults in depositing monthly rent - Trial Court struck off the defence - Order upheld by District Judge but set aside by High Court - Order of trial Court and appellate Court not perverse - Both the Court below did not exceed their jurisdiction - Held, it was not open to High Court to sit in appeal under Art.227..........
Criminal Procedure Code, 1973, Section 202(1) -- Summoning of accused residing beyond jurisdiction of Court - Before summoning the accused residing beyond jurisdiction Magistrate shall enquire into the case himself or direct investigation to be made by a police officer or by such other person as he thinks fit, for finding out whether or not there was sufficient ground for..........
Criminal Procedure Code, 1973, Section 202(1), 482 -- Summoning of accused residing beyond jurisdiction - Non compliance of mandatory provision of S.202(1) Cr.P.C. - Fatal to proceedings - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Accused summoned without adhering to the mandatory provision of S.202(1) Cr.P.C. as accused was residing beyond jurisdiction of Court - Magistrate also summoned an accused who was dead on the date of recording statement of complainant - Revisional Court rejected revision - Both Courts below acted..........
Criminal Procedure Code, 1973, Section 190, 482 -- Cognizance of offence - Quashing of order - Subsequent disclosure indicates that petitioners were participants in incident occurred and they have been implicated as parties and being absconders, N.B.Ws have been issued for their appearance by taking cognizance - Validity - Held, Magistrate is not bound by police document..........
Civil Procedure Code, 1908, Order 18, Rule 16, 1 -- Examination of witness - Satisfaction of Court - Certain manifest discrepancies found regarding age of defendant, her signature and L.T.I, appearing in sale deed, and fact that she was widow or not - Held, said conditions not germane for examining witness at early stage giving go bye to procedure prescribed in O.18.R.1..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata and estoppel - Suit for declaration of title and injunction - Predecessors-i, interest of plaintiffs had all along fought earlier cases in Courts of competent jurisdiction in respect of suit lands for Nongspung clan - Held, subsequent suit raising same issues bared by res judicata and..........
