Consumer Protection Act, 1986, Section 14 -- Limitation Act, 1963, Section 14 - Summary Jurisdiction - Banking service - Fixed deposits - Fraud and forgery - Serious allegations relating to fraud, forgery and connivance of bank have been leveled on the part of the bank with regard to FDR's - In the present case proper course for the appellant is to approach the civil Court..........
Civil Procedure Code, 1908, Section 16, 20 -- Jurisdiction - It is wrong for a Court to find the issue of jurisdiction against the person and at the same time also enter the findings on merits of the case...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Director of School Education West Bengal rejected claim of petitioners for appointment of his mother as teacher upon his father's death - Director assigned cogent reasons while declining the claim - Act of Director challenged in writ petition - Held, writ Court ought not to transpose itself as an appellate..........
Railways Act, 1989, Section 76, 74, 13, 15 -- Claim for compensation - Consignment delivered to an authorised person without original railways receipt, but on Indemnity Bond/Note which was inadmissible - Held, it amounts to non-delivery of goods - Claim sought against Railways - Held, Railways Claim Tribunal has jurisdiction to adjudicate claim on account of loss accrued..........
Civil Procedure Code, 1908, Section 9 -- Claim for compensation - Consignment delivered to an authorised person without original railways receipt, but on Indemnity Bond/Note which was inadmissible - Held, it amounts to non-delivery of goods - Claim sought against Railways - Held, Railways Claim Tribunal has jurisdiction to adjudicate claim on account of loss accrued to..........
Civil Procedure Code, 1908, Section 100A -- (Prior to 2002 Amendment), Rajasthan High Court Ordinance, 1949, S.18 - Bar to appeals - Intra Court special appeal - Appeal filed prior to amendment of 2002 - Held, Court will have jurisdiction to decide appeal on merits notwithstanding bar contained in S.100-A of Civil Procedure Code - Only those appeals which were heard and..........
Criminal Procedure Code, 1973, Section 181(4), 179, Indian Penal Code, 1860, Section 498A, 406 -- Jurisdiction - Return of Stridhan at the place of present residence - Court at the place of present residence has jurisdiction where consequence of alleged torture ensued though the Stridhan property was retained at another place...........
Delhi Rent Control Act, 1958, Section 50 -- Defendant being an employee of plaintiff corporation allotted accommodation during the course of her employment - Defendant accepted terms and conditions of allotment - Defendant continued to retain possession of suit premises after termination of his services inspite of request made to her to vacate the suit property - Suit..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Applicant convicted in two different distinct offences having no nexus - Applicant failed to invoke jurisdiction of trial court at the time of second conviction to direct whether the sentence of second case should run concurrently - Even at the time of hearing of appeal, applicant did not make..........
Delhi Special Police Establishment Act, 1946, Section 3 -- Investigation into illegal mining - Powers vested in the CBI to investigate the same - Plea that CBI lacks jurisdiction to investigate offence u/s 22 of the MMRD Act as cognizance of the offence under section 22 of the Act by Court is not permissible except on written complaint by authorized officer - Held, plea..........