Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 7, Rule 11, Contempt of Courts Act, 1971, Section 10 -- Injunction - Breach of - Whether trial Court had jurisdiction to entertain an application U.O.39.R.2A of CPC and proceed with the same when subsequently such order of injunction which was alleged to be violated is set aside and even the..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11, Specific Relief Act, 1963, Section 20 -- Suit for specific performance of memorandum of understanding - Territorial jurisdiction - No relief for declaration of title to property or for possession of property claimed - Suit for specific performance simpliciter and not suit for land - Held, suit is triable by Calcutta..........
Criminal Procedure Code, 1973, Section 190(1)(b), 227, 245(1), 245(2), Indian Penal Code, 1860, Section 376(2)(g) -- Protest petition rejected and Magistrate took cognizance of offence u/s 376(2)(g) IPC - Order taking cognizance became final - Offence u/s 376(2)(g) IPC is triable by Court of Sessions and Magistrate has no jurisdiction to entertain an application u/ss..........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Contract for supply of goods - Recovery of money - Printed Tax-invoices regarding supply of goods contains a note printed on it at the bottom "subject to Agra jurisdiction only" - It is disputed that this condition though printed on invoice was not subject-matter of any agreement between parties - There..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 177 -- Office u/ss 498-A, 406 IPC - Jurisdiction - Statement of complainant that she and her husband were having dowry items jointly at Delhi - Not a case that dowry articles were entrusted to husband at Kota - Wife was beaten at Delhi and her dowry articles were retained at Delhi and not..........
Civil Procedure Code, 1908, Order 7, Rule 11, West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 21 -- Rejection of plaint - Suit for declaration of title by lessee against sub lessee of Govt. Land - Suit is not barred by law - Civil Court has no jurisdiction only when dispute is between Government and the lessee and not when dispute is between lessee..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 5, Calcutta High Court (Extension of Jurisdiction) Act, 1953, Section 3,4 -- Calcutta High Court (Appellate Side) Rules Chapter 10, 18 -- Review - Court consisting of two or more judges - Power of Chief Justice - Held, necessity of complying with the requirement of R.5 of O.47 of the Code has not been dispensed with..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - Exercise of - Principles and circumstances - Held, when exercising jurisdiction u/s 482 of the Code, High Court would not ordinarily embark upon an enquiry whether evidence in question is reliable or not or whether on reasonable appreciation of it accusation would not be sustained - That is function of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition and separate possession filed by plaintiff to the extent of 1/4 share under Mohd. Law - Suit decreed - Appeal allowed by appellate court - High Court allowed second appeal without formulating substantial questions of law - Held, jurisdiction of High Court u/s 100 of CPC is not akin to appellate..........
Civil Procedure Code, 1908, Section 13, 14 -- Foreign judgment - Validity in India - Held, under Section 14 of the Code of Civil Procedure, a presumption arises that foreign judgment produced before Court, was pronounced by a Court of competent jurisdiction - But, it is a rebuttable presumption - S.13 of the Code makes a foreign judgment conclusive as to any matter thereby..........
