Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - On ground of lack of territorial jurisdiction - Such ground cannot be considered in transfer petition - Petitioners are entitled to raise such contention before Magistrate who is empowered to return complaint to be presented to proper Court, if Magistrate is satisfied that Court..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Service matter - Adequacy of evidence adduced during disciplinary inquiry cannot be gone into in writ jurisdiction...........
Hindu Marriage Act, 1955, Section 13, 19 -- Divorce petition - Territorial jurisdiction - Marriage between parties was solemnized at Pratapgarh - Mere fact that a reception party of marriage was later hosted at Prayagraj would not be material - Moreover, parties have not lived together lastly as a married couple at Prayagraj - Family Court, Prayagraj rightly refused to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court has jurisdiction to pass an ex parte interim order - However, it does not empower to grant ad interim relief, without examining the parties and formulating the substantial question of law involved in the second appeal as it is contrary to S.100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second appeal will be maintainable before High Court, only if case involves a substantial question of law - If no substantial question of law arises, second appeal could not have been entertained and the same ought to have been dismissed, as jurisdiction of High Court itself is not yet..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Land in question, as of date, is a municipal land used for residential purposes - Land not being agricultural land as defined u/s 5(24) of Rajasthan Tenancy Act, suit would definitely lay before civil Court only - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Whenever a fraud is alleged, neither revenue Courts are equipped nor competent to effectively adjudicate on allegations of fraud and Courts skilled and experienced to try such issues are Courts constituted under CPC - Application rightly rejected...........
Constitution of India, 1950, Article 136 -- Special Leave petition - Show cause notice - Since exercise of jurisdiction u/art 136 of Constitution is discretionary, notices on appeals/petitions are not frequently issued by Supreme Court...........
Hindu Marriage Act, 1955, Section 13, 14 -- Divorce - Petition filed within one year of marriage - Routine grounds such as incompatibility between parties and their failure to live together depicts no exceptional hardship or exceptional depravity so as to invoke jurisdiction u/s 14 Proviso of the Act...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of counter claim - Jurisdiction of civil Court - Relief for possession qua agricultural land would lie before Revenue Court and Civil Court has no jurisdiction qua such relief sought by way of counter claim - Counter claim rejected...........
