Consumer Protection Act, 1986, Section 23, Constitution of India, 1950, Article 226 -- Writ petition under Art.226 COI is not maintainable against order passed by National Commission - Once legislature has provided for statutory appeal to higher Court, it cannot be proper exercise of jurisdiction to permit parties to bypass statutory appeal to higher Court...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Cheques in question were presented for collection by respondent/complainant at Parwanoo - Communications of dishonouring cheques were given at Parwanoo - Material was supplied by respondent from Mumbai to Boisar - Respondent has a unit at Village Ambota,..........
Criminal Procedure Code, 1973, Section 397(2), 111 -- Interlocutory order passed u/ss 107/111 Cr.P.C. - Revision against - Maintainability - Held, revision not maintainable as S.397 (2) Cr.P.C. bars the exercise of revisional jurisdiction of High Court and Sessions Judge with respect to such an order...........
Haryana Urban Estate Development Authority Act, 1977, Section 17, 50 - - Resumption of site - Violation of principles of natural justice - Jurisdiction of Civil Court - Requisite notices as mandated u/s 17 of the Act not served on plaintiffs - Resumption order passed without affording opportunity of hearing to show cause against proposed action - Held, impugned resumption..........
Constitution of India, 1950, Article 21, 32, 226 -- Scope - Humiliation in police custody - Such treatment is basically inhuman and causes mental trauma - Exemplary damages in proceedings under Articles 32 or 226 - Held, the compensation is in the nature of `exemplary damages' awarded against the wrongdoer for the breach of its public law duty and is independent of the..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of L.R's. - Enquiry - Jurisdiction of trial court - Trial court while conducting enquiry U.O.22.R.5 CPC held that petitioner had legally failed to prove the wills relied upon by him for the purpose of representing the estate of deceased - Held, trial court was not at all called upon to examine the validity of..........
Negotiable Instruments Act, 1881, Section 138, 142, Constitution of India, 1950, Article 226, 227 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Jurisdiction to issue a writ - Held, it is co-extensive with territorial jurisdiction of High Court within whose jurisdiction subordinate Court takes cognizance of a complaint - Proceedings instituted within..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Jurisdiction - Cheque dishonoured at Ahmedabad - Cheque drawn on bank located at Ahmedabad - By agreement between parties, jurisdiction of Courts was engrafted at Ahmedabad - Held, mere presentation of cheque for collection at Mumbai did not confer any jurisdiction to Court at Mumbai - Mumbai Court..........
Punjab Panchayati Raj Act, 1994, Section 11 -- Election of Panches - Less reservation - Challenge by way of wit petition - Held, merely because one post of Panch was less reserved would not vitiate entire election process - Writ Court cannot go into such like issues and nullify choice of electorates, who have exercised so on basis of proper process issued - BDPO whose..........
Criminal Procedure Code, 1973, Section 97 -- Child was in custody of his mother - Issuance of search warrant and directing custody of child to be given to father - Legality - Held, S.97 Cr.P.C. is restricted in its application for issuance of direction for search of a person wrongfully confined - Admittedly when the child was in custody of his mother there was no reason to..........
