Civil Procedure Code, 1908, Section 19, 20, Order 7, Rule 10 -- Defamation - Territorial jurisdiction - Suit for compensation and damages - Defamation caused on account of publication of article in daily newspaper published and circulated in Bihar only - Cause of action does not arise at Delhi merely for the reason that interview took place at Delhi - Mere plea of..........
Negotiable Instruments Act, 1881, Section 138, 142A -- Dishonour of cheque - Territorial jurisdiction - Compliant can be filed within the jurisdiction of Court, where payee bank is situated, as per S.142(2)(a) of the Act...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Court in its order U.O.10 CPC held that plaintiff had failed to disclose any cause of action in Delhi and that it has no territorial jurisdiction - This finding attained finality - Plaint ordered to be returned to the plaintiff...........
Negotiable Instruments Act, 1881, Section 138, 142A -- Dishonour of cheque - Territorial jurisdiction - Cheque presented and dishonoured at Rohtak - Merely because cheque was issued from Bank at Chennai, it will be tortious to call upon complainant to file his case at Chennai - Thus, Court at Rohtak has territorial jurisdiction to try criminal complaint...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 177, 482 -- Territorial jurisdiction - Quashing of FIR - Offence u/s 498-A IPC and Ss.3, 4 of D.P. Act - Offence committed at place `I' - Proceedings pending in Court at place `J' quashed on ground of lack of territorial jurisdiction...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Magistrate while taking cognizance and issuing summons is required to carefully scrutinize whether allegations made in complaint meet the basic ingredients of offence; whether the concept of territorial jurisdiction is satisfied; and further whether accused is really required to be summoned - This has to..........
Guardians and Wards Act, 1890, Section 9 -- Guardianship of minor - Territorial jurisdiction - Divorce between parties - Child ordinarily residing with his mother at place `D' - Suit filed by father claiming to be guardian of minor at place `H' - Suit is not maintainable, as Court at `H' has no territorial jurisdiction to entertain the suit...........
Constitution of India, 1950, Article 226, Indian Penal Code, 1860, Section 406, 408, 420 -- Territorial jurisdiction - Petitioner was transferred from Patiala to Shimla in 1991 - Petitioner was charged with embezzlement in 1995 - Petitioner was removed from service by order of removal was passed at New Delhi exercising jurisdiction over Delhi, Punjab & Rajasthan regions -..........
Protection of Women From Domestic Violence Act, 2005, Section 27(1), 12 -- Territorial jurisdiction - Application u/s 12 of the Act - Wife presently residing with her parents after husband driven her out of matrimonial house - This fact is not contradicted by husband and his mother - Court at the place where wife is residing has jurisdiction to entertain the application..........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Exclusion of counter claim - Requirements of exclusion of counter claim are: (i) It should be within pecuniary and territorial jurisdiction of Court wherein suit is instituted; (ii) it must have some nexus with claim raised in the suit/relief sought in the suit; (iii) it must be a relevant one in adjudicating the issue..........
