Criminal Procedure Code, 1973, Section 465 -- Framing of new charge - Accused faced trial in the Trial Court knowing well that a Court having no jurisdiction to try the case had framed the charge - He did not mention this irregularity while the Trial Court recorded the evidence - Without any objection, he participated in the trial and never raised a case that he was..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386(b)(iii) -- Dishonour of cheque - Appeal against conviction - In an appeal from conviction, appellate court may reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court of competent jurisdiction subordinate to such appellate Court or..........
Family Courts Act, 1984, Section 7(1) -- Jurisdiction of Family Court - Cancellation of settlement deed - Property in question alleged to be purchased by husband in the name of wife - Merely because a subsequent settlement has been done by wife, right of respondent to impel a cause before Family Court is not extinguished particularly in view of S.7(1) Explanation of the..........
Arbitration and Conciliation Act, 1996, Section 37, 34 -- Appeal - Arbitral award - Appellate Court has no authority of law to consider the matter in dispute before the arbitral tribunal on merits so as to find out as to whether the decision of arbitral tribunal is right or wrong upon reappraisal of evidence as if it is sitting in an ordinary Court of appeal - It is only..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42 -- Contraband - Search and seizure - By a Officer on the authority of S.H.O. - Seizure Officer must have produced written and valid documentation that shows he acted having authority of SHO at the time of conducting search and seizure, which he failed - Search and seizure is prima facie unauthorised and..........
Agreement to sell -- Specific performance - Execution of agreement to sell by defendant No.1 on behalf of herself and on behalf of other defendants including minors - No power of Attorney was there in favour of defendant No.1 and even no permission was sought from the Court of competent jurisdiction regarding selling of property of minors which is sine qua non as per..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Jurisdiction U.O.41.R.27 CPC cannot be exercised where evidence sought to be produced by way of additional evidence was withheld intentionally...........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Civil Judge is not the Principal Civil Court of original jurisdiction and has no jurisdiction to entertain a suit u/s 92 CPC or S.2 of Religious Endowments Act, as Principle Civil Court of original jurisdiction...........
Civil Procedure Code, 1908, Section 92, Religious Endowments Act, 1863, Section 2 -- Suit u/s 92 CPC and S.2 of 1983 Act in the State of UP Can only be filed in the Court of Principal Civil Court of original jurisdiction i.e the Court of District Judge and not in any other Court - District Judge can decide the suit himself or he may transfer it to an Additional District..........
Civil Procedure Code, 1908, Order 8, Rule 1(3) -- Late production of documents - Partition suit - Defendant no.1 sought to produce original bank passbooks and bank statement of defendant no.1 and defendant no.2 - Trial Court exceeded its jurisdiction to deny leave to produce said documents on record by recording a finding that authenticity and genuineness of documents seem..........
