Civil Procedure Code, 1908, Order 7, Rule 10, 10-A, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Has to be treated like a plaint - If it exceeds the pecuniary jurisdiction of the Court the same shall be returned for being presented to the competent Court with an endorsement regarding date of its presentation and return, brief statement of the reasons..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 205D, 537 -- Criminal trial - Vitiation of - Prejudice to accused - Accused had not at any stage of the trial, objected to the trial of case or to lack of jurisdiction of Court to try the case in absence of committal order - Sessions Judge, on his own, had observed that the proceedings of trial would stand vitiated -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Existence of debt or any other liability, loss of cheque and complaint to the bank and police station and denying the liability of the cheque amount - All these issues can only be decided after parties adduce evidence - No case made..........
Civil Procedure Code, 1908, Section 152, 151 -- Decree - Correction - Court cannot exercise jurisdiction u/ss 152, 151 CPC so as to review its judgment - Court cannot also exercise its jurisdiction when no mistake or slip occurred in the decree or order...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - To raise the plea of jurisdiction - It is a question of law - There is no need for amendment of the written statement to raise the plea of jurisdiction...........
Civil Procedure Code, 1908, Section 15, 16, 17, 18, 19, 20 -- Jurisdiction - Question in regard to jurisdiction is to be determined with reference to the date on which the suit is filed and entertained and not with reference to a future date...........
Civil Procedure Code, 1908, Section 15, 16, 17, 18, 19, 20 -- Jurisdiction - Plaintiff is dominus litus - But it is confined only to the cause of action which falls within Ss.15 to 18 of he Code - It has no application in a case where provision of S.20 CPC is sought to be invoked...........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Material date for invoking S.20 of CPC is the one of institution of the suit and not the subsequent change of residence - Change of residence subsequent to decision of the Court does not confer territorial jurisdiction in the Court which it did not have...........
Negotiable Instruments Act, 1881, Section 147, 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Power of court - Held, even a convict undergoing imprisonment with liability to pay amount of fine imposed by Court and/or under an obligation to pay amount of compensation if awarded, as per scheme of N.I. Act, can compound the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Plaintiff in the suit is dominus litis - If he intends to take a calculated risk in the matter, Court may not exercise its discretionary jurisdiction...........
