Criminal Procedure Code, 1973, Section 178 -- Jurisdiction - When part of the cause of action takes place at place A and part of cause of action takes place at place B where the trial is being held, then the accused can be tried for the other part of cause of action, which had taken place at place 'A' can also be tried at place 'B' where the trial is being conducted...........
Indian Penal Code, 1860, Section 193, 211, Criminal Procedure Code, 1973, Section 195(1), 344 -- FIR lodged against applicant for offence u/s 182 IPC by Sessions Court for lodging a false report against the applicant - Held, that in view of bar created by S.195 Cr.P.C. cognizance for an offence punishable under S.182 can be taken on complaint in writing of public servant -..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 177 -- Territorial jurisdiction - Marriage took place between parties at Delhi - Cruelty to wife took place at Delhi - Wife left the matrimonial home and started living at Mohali - Anandpur Sahib Court would have no jurisdiction to try the present case - Only Delhi Courts can try the present..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302 -- Murder - Arraying of accused - Exercise of power - Held, trial court has jurisdiction to array any person not being accused before it to face trial along with other accused persons if court is satisfied in course of enquiry and trial on basis of evidence adduced before it that such person..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Misappropriation of money deposited with Post Office - Complaint - Statement of complainant recorded - Thereafter complaint sent to police for investigation u/s 202 Cr.P.C. - On receipt of report of police Magistrate summoned petitioner - Revision against - Dismissed - Held,..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 181 -- Offence u/ss 498-A, 406 IPC - Jurisdiction - Marriage solemnised in Punjab - Complainant right from the marriage and her husband lived with her in-laws in Punjab - Husband died - Complainant now residing in Rajasthan - All the alleged acts of cruelty had taken place in the State of..........
Criminal Procedure Code, 1973, Section 73 -- Non-bailable warrant - Issuance of during Investigation - Power of Magistrate - Held, Magistrate of First Class may direct a warrant to any person within his local jurisdiction for arrest of any escaped convict, proclaimed offender or of any person who is accused of a no, bailable offence and is evading arrest...........
Civil Procedure Code, 1908, Section 16, 20 -- Territorial jurisdiction - Specific performance - It is S.16 & not S.20 which is applicable - Held, suit seeking possession of immovable property is to be filed in a Court within whose jurisdiction the property is situated...........
Civil Procedure Code, 1908, Section 16, 20, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Ad interim injunction cannot be granted by a Court within whose jurisdiction parties reside but immovable property is situated outside its territorial jurisdiction - Territorial jurisdiction in a case seeking possession of immovable property lies in a..........
Criminal Procedure Code, 1973, Section 211 -- Charge - Court at that stage exercises a limited jurisdiction to see as to whether a prima facie case is made out - Court at that stage does not delve deep into the matter for the purpose of appreciation of evidence - It would ordinarily not consider as to whether the accused would be able to establish his defence, if any...........
