Criminal Procedure Code, 1973, Section 188 -- Territorial jurisdiction - Offence committed in USA but cognizance taken by Magistrate in India without obtaining prior sanction of Central Government - Held, cognizance taken in violation of provision of S.188 of Code and, thus, bad in law...........
Civil Procedure Code, 1908, Section 24(3)(a), 3 -- Impugned order passed by Principal District Judge in exercise of power u/s 24 of Civil Procedure code, withdrawing and transferring case from file of one Additional Judge to the file of another Additional District Judge - Impugned order set aside - Held, application u/s 24 of Civil Procedure Code should be filed before..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 178 -- Complaint on allegations of cruelty - Territorial jurisdiction - Complainant alleged that couple was residing at Asansol when she was tortured by her in-law as apart from her husband - Held, complaint must be taken on its face value to find out whether Court has jurisdiction to entertain..........
Civil Procedure Code, 1908, Section 92, 27(4) - - Trust - Jurisdiction of Civil Court - Bar as to - Relief claimed to declare resolution null and void by which plaintiff was removed from trusteeship and applicant No.3 to 5 have been inducted as its trustee - Held, suit was not brought by plaintiff as representative of public for vindication of public rights and the same is..........
Civil Procedure Code, 1908, Section 21 -- Jurisdiction - A case cannot be transferred when filed in a Court having no jurisdiction at all to hear it...........
Civil Procedure Code, 1908, Section 25 -- Transfer petition - A case can be transferred when both transferor Court as well as transferee Court have jurisdiction and the party seeking transfer of the case alleges that the transferee court would be more convenient because the witnesses are available there or for some other reason it will be convenient for the parties to have..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Refusal - Plaintiff has neither pleaded nor shown that he was exercising any ownership right on the land by cultivating it or otherwise - He did not make any effort to get the share partitioned by meets and bounds - Plaintiff waited and watched defendants to use property to file a suit - In between he allowed..........
Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Objection to - Objection has to be taken at first instance as per mandate of S.21 of CPC - If that is not done and if written statement is filed, the party must be taken to have submitted to the jurisdiction of Court for good...........
Indian Penal Code, 1860, Section 498A, 406, 323, 120B, Dowry Prohibition Act, 1961, Section 3, Criminal Procedure Code, 1973, Section 177, 482 -- Dowry demand - Wife forced to leave matrimonial home and she came to her parental home where she received threatening telephone calls - Court at the place of parental house has jurisdiction - No ground to quash FIR...........
Criminal Procedure Code, 1973, Section 482, 397 -- Court while exercising power u/s 482 or exercising revisional jurisdiction u/s 397 Cr.P.C. can look into uncontroverted documents, placed on record by accused, which on the face of it are beyond suspicion or doubt...........
