Commercial Courts Act, 2015, Section 2(1)(c)(vii) -- Commercial dispute - Merely because property is likely to be used in relation to trade and commerce, same cannot be ground to attract jurisdiction of Commercial Court...........
Civil Procedure Code, 1908, Order 21, Rule 32, 33 -- Execution - Decree of restitution of conjugal rights - It is not necessary for wife/DH to establish that there is willful disobedience of decree on the part of husband/JD - Court gets jurisdiction to pass a direction for periodical payments when JD fails to obey decree within time limit provided - If no such time limit..........
Practice and Procedure -- Wrong provision of law - Wrong caption does not take away right of an applicant to get relief as sought for in the prayer portion if Court otherwise has jurisdiction to grant the same...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Commissioner - Neither it is open to Commissioners to record any finding with regard to possession of suit land nor to record statements of witnesses to ascertain as to which of party is in possession of suit land - However, Commissioner is well within his jurisdiction to submit a report as regards physical features existing..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Offence u/s 498-A IPC is a continuing offence and if act of cruelty continues even while woman is living at her parents house, offence is triable by both Courts in whose territorial jurisdiction act of continuing offence of cruelty has been committed i.e. at matrimonial home or parents house...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482, 178 -- Cruelty - Quashing of summoning order - Lack of territorial jurisdiction - Prima facie evident that mental cruelty was still persisting in wife's mind while she was staying at her parental home as demand for valuables was still being persistently being made by petitioners - On taking..........
Criminal Procedure Code, 1973, Section 399, 482 -- Revision and Inherent jurisdiction - Scope - While exercising power u/Ss. 399, 482 Cr.P.C. Session Court and HC must delve into the material on record to assess what complainant has alleged and whether any offence is made out, even if allegations are accepted in toto...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Administrative act of authority is challenged by way of writ petition - Controversy between petitioner and respondent is civil in nature - Power under writ petition cannot be exercised - Writ petition disposed of...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 11 -- Recovery of Debts Due - Jurisdiction - Scope of S.11 of the Act summarized...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues raised in plaint pertain to ownership, validity of sale deeds and declaration of title, which are civil in nature and therefore, triable exclusively by a civil Court - Applicability of S.207 of Rajasthan Tenancy Act, which bars jurisdiction of civil Courts in matters relating to khatedari rights..........
