Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 177, 178 -- Offence u/ss 304-B, 498-A, 34 IPC - Territorial jurisdiction - Suicide was committed at place `A' - Police at place `A' closed the case after inquiry u/s 174 Cr.P.C., as none of family members of deceased raised any suspicion over death of deceased - There is no evidence of..........
Guardians and Wards Act, 1890, Section 9 -- Custody of child - Jurisdiction - `Ordinarily resides' connotes a regularly settled home and not a place of stay where children are obliged to dwell by force of circumstances or compulsion of parent's employment - It is not the duration of stay that matters but intention of parties - In case of a minor, as he cannot take any..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - In its finding Court confusing territorial jurisdiction with cause of action - Territorial jurisdiction being questioned ought to have been looked into in the light of objection raised in the application U.O.7.R.11 CPC - Impugned order set aside - Matter remitted for decision..........
Negotiable Instruments Act, 1881, Section 138, 142, 142A(as -- Dishonour of cheque - Complaint u/s 138 of the Act - Territorial jurisdiction - Complainant presented cheque to Bank at Surat where complainant has account - Surat Court has jurisdiction as newly inserted provision under the Act is applicable with retrospective effect - Impugned order passed by Court below set..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Territorial jurisdiction - Objection to territorial jurisdiction has to be construed after taking all averments in plaint to be correct - It is only the plaint and documents filed along with it, that need to be seen - Written statement is not to be looked into at all...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Mere sending of demand notice cannot confer any territorial jurisdiction on Court to take cognizance and try a complaint under the Act...........
Criminal Procedure Code, 1973, Section 168(b), 177, 178, 181(2) -- Territorial jurisdiction - Brother of complainant was taken away by accused from Patiala to Madhya Pradesh (MP) in consequence of criminal conspiracy hatched inter-se between them - Courts at Patiala is bestowed with such jurisdiction to investigate, try and decide case - Ploy set up by State to evade..........
Civil Procedure Code, 1908, Section 19, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit for damages - Plaintiff suffered injury at the time of his birth at Nahan, however, he actually suffered loss at Shimla as well - Initial wrong thus, done at Nahan but its resulting effects and damages/tortuous act of defendants also furnish cause of..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction - Complaint filed in the year 2012 - Benefit of Amended Act of 2015 would not be given to petitioner, as claimed by petitioner - Moreover, entirely a new plea of territorial jurisdiction has been raised by petitioner - No such plea had been raised either before Trial Court..........
Arbitration and Conciliation Act, 1996, Section 9, 42, 2(1)(e) -- Interim relief - Territorial jurisdiction - Dispute relates to immovable property at place `B' and `C' - Intent of S.42 of the Act is to restrict to one Court, adjudication of all dispute pertaining to arbitration and eradicating possibility of multiplicity of actions and likelihood of conflicting..........
