Civil Procedure Code, 1908, Section 115 -- Jurisdiction of execution Court - Revision - Maintainability - Judgment debtors raised fundamental question regarding jurisdiction of execution Court in trying to execute the decree - The questions are pure questions of law, viz., the locus standi and the question of limitation - Held, they fall within the purview of S.115 CPC as..........
Civil Procedure Code, 1908, Section 146 -- Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, 92, 2(18) - Religious institution - Representative suit - Execution petition - Held, judgment debtors cannot resist execution petition on the ground that the decree holders do not have locus standi to lay execution petition where suit admittedly..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Original complainant is not found to be payee and/or holder in due course of cheque which has been dishonoured thus, she has no locus standi to file complaint for offence u/s 138 of the Act - Complaint at instance of respondent no.2..........
Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of cheque - Offence by company - Prosecution of directors - Validity - Held, merely because A4 to A6 stated in the reply notices that because only one of the directors signed the cheques, they were not valid and consequently the notices issued were also not valid and hence, the complainant got no locus..........
Criminal Procedure Code, 1973, Section 482, 173(8), Indian Penal Code, 1860, Section 504 -- Further investigation - Power of Court - Exercise of - Held, prospective accused has no locus standi to challenge a direction for further investigation before cognizance or issuance of process against him and the police has statutory right to investigate the case - There is no..........
Consumer Protection Act, 1986, Section 2(1)(c), 2(1)(g),21(a) -- Complaint maintainability - Locus standi - Banking service - FDR - Kotak Life Insurance - Dispute with regard to amount deposited by complainant which belongs to Panchayat - As per own showing of the complainant, he had assigned the FDR in question in favour of the Gram Panchayat, who after its dissolution by..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- Plaint - Quashing - If Court is satisfied that a suit is filed with mala fide intention and with ulterior motive by incorporating pleadings in the plaint which are false to the knowledge of the..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- Plaint - Quashing - Civil proceedings when initiated with mala fides or with ulterior motive - Continuance of which will amount to abuse of process of Court - High Court can quash such a plaint in..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- A person who has obtained an order from a Court, on the basis of pleading of facts which are false to his own knowledge, without making the person who is actually targetted a party to the proceeding..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- To harm another person - Court can suo mote undo the harm...........
