Criminal Procedure Code, 1973, Section 14 -- Cognizance of offence - Jurisdiction of Magistrate - Power of Magistrate to take cognizance of an offence is not confined to case occurring within his District but even beyond that - The only restriction is that such Magistrate cannot try the case...........
Criminal Procedure Code, 1973, Section 144 -- Breach of peace - Exercise of power by Executive Magistrate - Held, Executive Magistrate exercising power u/s 144 of the Code has no jurisdiction to decide a dispute of a civil nature between two sections of people, which is in realm of private law - Executive Magistrate is not expected to invoke power u/s 144 of the Code in a..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - For applicability of the principle of res judicata essential conditions are : (i) that the ligating parties in the two suits must be the same; (ii) that the subject matter of the suit must also be identical; (iii) the matter must be heard and finally decided by the Court; and (iv) the decision should be by a Court of..........
Criminal Procedure Code, 1973, Section 154(3), 156(3), 482 -- Registration of FIR - Writ jurisdiction - Alternative remedy - Held, if a person has a grievance that his FIR has not been registered by police station his first remedy is to approach Superintendent of Police u/ss 154(3) Cr.P.C. or other police officer referred to in S.36 of Cr.P.C. - If despite approaching..........
Criminal Procedure Code, 1973, Section 177, 178, 156(2) -- Territorial jurisdiction - Among several acts one of the acts constituting offence of cruelty has been committed in local jurisdiction of `G' police station - Held, Magistrate who took cognizance and also Police Officer who has been investigating the case cannot be said to have assumed jurisdiction illegally in..........
Criminal Procedure Code, 1973, Section 401 -- Revision against conviction - High Court while exercising revisional jurisdiction is not to reevaluate and reappreciate the evidence of prosecution unless it comes to the conclusion that findings recorded are illegal, perverse or erroneous on account of misreading of evidence - In the instant case neither IO examined nor site..........
Criminal Procedure Code, 1973, Section 226, 227, 482 -- Nomenclature - Not relevant - Held, nomenclature under which petition was filed was not quite relevant and that did not debar court from exercising its jurisdiction which otherwise it possessed unless there was special procedure prescribed which procedure was mandatory - If in a case court finds that appellants could..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance - Enhancement - Jurisdiction of court - Court competent to grant enhancement to the tune more than what is sought - Demand made by the party cannot control the jurisdiction of the court on the aspect of quantification of the amount of maintenance - But if the court is to award maintenance higher than what is prayed,..........
Civil Procedure Code, 1908, Section 106, 107, 141, Order 7, Rule 10 -- Appeal - Appellate Court having no jurisdiction - Appeal has to be returned - Provision of law as application to return of plaint also applies to return of memorandum of appeal when appellate Court has no jurisdiction to entertain it...........
Civil Procedure Code, 1908, Section 106, 107, 141 -- Appeal - Appellate Court having no jurisdiction - Appeal cannot be decided on merits on the premise that there is no provision for return of the memorandum of appeal or withdrawal of appeal...........
