Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Election petition filed under wrong provision of law - Mention of wrong provision would not denude the Court and Tribunal of its power to try the election petition when Court or Tribunal is having jurisdiction to entertain such petition - Application U.O.7.R.11 CPC rightly dismissed...........
Wrong provision of law -- Mentioning wrong provision is not a ground to reject prayer...........
Wrong provision of law -- Non mentioning or wrong mentioning of provisions of law should not be treated as obstacle in proceeding with a case...........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2015, Section 36 -- Filing of execution petition before Commercial Court where defendant resides - Well within meaning of S.36 of Act of 2015 - Order passed by Commercial Court returning back case invoking provision of O.7.R.10 CPC is patently wrong and set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Incorrect cheque number mentioned in the notice - Mention of wrong cheque number in notice does not attract provision of S.138 of the Act - Complaint not maintainable - Acquittal calls for no interference...........
Wrong provision of law -- Wrong provision of law and relief not properly worded - Court has adequate and sufficient power to mould relief to come within the purview of the particular provision as also make available relief which is required to be granted in the particular facts...........
Criminal trial -- Offence covered under a provision of law but complaint filed under another provision of law - Changing the garb or label of an offence - Cognizance cannot be taken by misdescribing it or by putting a wrong label on it - On this ground alone, proceedings are liable to be quashed...........
Wrong provision of law -- Application filed u/s 151 CPC instead of filing U.O.13.R.3 CPC to de-exhibit a document - It is a procedural irregularity - Does not cause any prejudice to plaintiff...........
Wrong provision of law -- Wrong nomenclature or erroneous citation of a provision of law cannot debar a party from having its application considered by Court if it is otherwise legally maintainable...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 377, 506, 196, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, 82 -- Bail - Offence u/ss 377, 506, 196, 120-B IPC, S.6 POCSO Act and Ss.75, 82 Juvenile Justice Act - It is not disputed that in FIR the..........
