Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Recall of process - An accused aggrieved by the issuance of process has the remedy to approach High Court either u/s 482 Cr.P.C. or under Article 226/227 Constitution of India and not to the same Magistrate who issued the process as he has no jurisdiction to..........
Criminal Procedure Code, 1973, Section 401(3) -- Acquittal - Revision against by private complainant - Revisional jurisdiction, when invoked by a private complainant against an order of acquittal, cannot be exercised lightly - It can be exercised only in exceptional cases where the interest of public justice require interference for correction of manifest illegality or the..........
Criminal Procedure Code, 1973, Section 482 -- Jurisdiction - Applicant taking contradictory stands before competent courts - Not approaching the courts with clean hands - Conduct of applicant itself disentitles him for invoking jurisdiction u/s 482 Cr.P.C...........
Civil Procedure Code, 1908, Order 21, Rule 37, Motor Vehicles Act, 1988, Section 168 -- Motor Accident - Award of compensation by Tribunal - In execution of award, Court ordered arrest of the petitioner - Order challenged on the ground that no show cause notice was given before passing order of arrest - Plea of petitioner disallowed - Held, show cause notice not required..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 18, Rule 17 -- Framing of additional issues - Waiver of - At the time of framing of issues trial court specifically recorded that no other issues are pressed or claimed - If any other issue arises the same is waived - Application for framing additional issues and for leading additional..........
Criminal Procedure Code, 1973, Section 156(3), 190 -- Reference of S.190 in S.156(3) Cr.P.C. - Reference is merely to determine jurisdiction - It in no way controls the power of Court to direct registration and/or investigation as contemplated in the provision of S.156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 401 -- Revision - While exercising revisional jurisdiction, High Court cannot revaluate and reappreciate the evidence produced by the prosecution until and unless it comes to the conclusion, that the finings arrived at by the Courts below, are perverse or illegal, being not based on any admissible evidence, or that there was..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 7, 20 -- Maintenance - Petition u/s.125 Cr.P.C. - Family Court established under the Family Courts Act has the exclusive jurisdiction to adjudicate upon the application filed u/s.125 Cr.P.C...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue of jurisdiction or issue of maintainability of suit - It is discretion of Court to treat these issues as preliminary issues - It is not mandatory to treat these issues as preliminary issues...........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 7, 20 -- Maintenance - Petition u/s 125 Cr.P.C. - Family Court established under the Family Courts Act has the exclusive jurisdiction to adjudicate upon the application filed u/s 125 Cr.P.C...........
