Negotiable Instruments Act, 1881, Section 138, 142, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- Dishonour of cheque - Transfer of complaint - Lack of territorial jurisdiction - Petitioner/payee of cheque wrongly instituted Complaint Case at Cuttack, who is incompetent to take cognizance, having no territorial jurisdiction to try offence u/s 138 of the N.I. Act..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Agricultural land - Issue raised in plaint pertains to sale deed being voidable - Civil Court thus, had jurisdiction to try suit and bar created by S.207 of Rajasthan Tenancy Act had no application - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of Cheque - Territorial jurisdiction - Complainant got his bank account transferred from place `B' to place `M' - Cheque presented for collection at place `B' for the purpose of crediting his account at place `M' - At the time of presentation of cheque complainant maintained his account at place `M' as..........
Mutation -- Writ petition against order passed in mutation proceedings - Orders of mutation are passed on basis of possession and since no substantive rights of parties are decided, ordinarily a writ petition would not be entertainable against such orders unless same are found to be wholly without jurisdiction or have effect of rendering findings which are contrary to..........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - An order passed by trial Court can be challenged in proceedings u/art 227 of Constitution...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Waqf property - Enhancement of rentals by authorities challenged - Matter which is sought to be adjudicated is cognizable by Tribunal constituted u/s 83 of Wakf Act - Civil Court jurisdiction is barred - However, Tribunal not constituted under Wakf Act - Bar of civil Court jurisdiction does not come into..........
Constitution of India, 1950, Article 226 -- Writ petition - Writ Court cannot convert itself to an appellate or revisional forum - Scope of writ petition under Article 226 of the Constitution of India is limited and following are exception where writ petition can be entertained: (i) Where writ petition seeks enforcement of any of fundamental rights; (ii) Where there is..........
Civil Procedure Code, 1908, Section 9, Himachal Pradesh Land Revenue Act, 1954, Section 46 -- Jurisdiction of civil Court - Suit related to entries of revenue record - Plaintiff claimed that her name was not incorporated by revenue officials in column of ownership and possession despite acquiring status by way of adverse possession - Such denial to record name of plaintiff..........
Practice and Procedure -- Judge who is hearing the case, can decide to avoid case if necessary - But a litigant cannot dictate to Court to avoid his case by a Judge who is allotted jurisdiction by Chief Justice as per roster...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Civil Court has no power to dispute validity of assignment of lands given by Government...........
