Prevention of Corruption Act, 1988, Section 17 -- Person authorised to investigate - Investigation of non-PC Act offences - Jurisdiction of investigation officer to investigate non-PC Act offences depends upon existence of FIR alleging offence under PC Act...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 472, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 420, 467, 468, 471, 472, 120-B - Quashing of proceedings - Clerical error in name of Court in summons - Petitioner alleged that summons were received from Special Court for CBI cases, but trial is conducted by Additional Session Court - However,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - An offence u/s 138 of the Act has five components: (i) drawing of cheque, (ii) presentation of cheque to the bank; (iii) returning of cheque unpaid by drawee bank; (iv) giving notice in writing to the drawer of cheque demanding payment of cheque amount; and (v) failure of drawer to make payment within..........
Jurisdiction of Court -- Civil and criminal Court - Distinction : (i) The stage at which an objection as to jurisdiction, territorial or pecuniary, can be raised, is regulated in civil proceedings by S.21 CPC - Whereas, there is no provision in Cr.P.C akin to S.21 CPC; (ii) In civil proceedings, a plaint can be returned U.O.7.R.10 CPC, to be presented to the proper Court,..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - S.142 of the Act provides the complainant with the right to lodge a complaint, before a Court within whose jurisdiction the branch of bank where the cheque is delivered for collection is situated...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Jurisdiction of Court - Transfer of case - Mere fact that another Court might also be empowered to take cognizance of matter u/s 142 of N.I Act since the cause of action arose within that jurisdiction, cannot by itself be a ground for seeking transfer u/s..........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Jurisdiction of Court - Cause of action - Court gets jurisdiction over the matter if cause of action arises within the local limits of its jurisdiction - Cause of action means whole bundle of material facts which it is necessary for the plaintiff to prove in order to entitle him to succeed in..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of accused - High Court in exercise of its revisional jurisdiction set aside the order of the Trial Court rejecting the second application under Section 319 of the CrPC and directed the Trial Court to reconsider the application under Section 319 - Court was conscious that the trial had concluded, yet to do substantial..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - Concurrent findings of Courts below as to relationship of landlord and tenant - This is a finding of fact which could not be disturbed by Court in Second Appeal, as it was not open for Court to examine evidence assuming First Appeal jurisdiction, unless findings returned were perverse - Judgment of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Electricity Act, 2003, Section 145 -- Rejection of plaint - Jurisdiction of civil Court - Electricity bill in question was issued in pursuance to an assessment made by Assessing Officer for un-authorised use of electricity, in terms of S.126 of Electricity Act - Civil Court had no jurisdiction to entertain the suit in question..........
