Civil Procedure Code, 1908, Section 115 -- Revision - Power u/s 115 CPC is to be exercised only when the subordinate Court exercises a jurisdiction not vested in it by law or fails to exercise a jurisdiction so vested or in the exercise of its jurisdiction it does so illegally or with material irregularity - Errors of facts are not to be corrected u/s 115 and also errors..........
Criminal Procedure Code, 1973, Section 46(4), 60(4) -- Woman - Cannot be arrested before sunrise and after sunset except under exceptional circumstances and that too when a Lady Police Officer makes a written report and obtain prior permission of Judicial Magistrate of First Class in whose jurisdiction the offence is committed or the arrest is to be made - Police Officer..........
Civil Procedure Code, 1908, Section 24 - - Lok Adalat or Permanent Lok Adalat - Not Courts subordinate to the District Court or High Court for the purposes of S.24 CPC though they are within the supervisory jurisdiction of the High Court...........
Legal Services Authorities Act, 1987, Section 20, 20C -- Lok Adalat - Jurisdiction - A reference of dispute to a permanent Lok Adalat is permissible only before bringing the dispute before any Court...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 177, 184 -- Offence u/ss 498-A, 406 IPC - Jurisdiction - Dowry demand at Ahmedabad - Bride left the matrimonial home and came to reside at Jodhpur and staying there with her parents - FIR lodged at Jodhpur - Held, Court at Jodhpur has jurisdiction since it is a continuous offence...........
Criminal Procedure Code, 1973, Section 145 -- Mere pendency of civil suit does not deprive the jurisdiction of the Magistrate to take action u/s 145 Cr.P.C. - If during the pendency of civil suit Court has not passed interim order affecting the right of the parties or where application for injunction was rejected or such suit was at a very initial stage, if there is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - When notice is sent from the place of residence of complainant and received by accused, it is to be treated, in the absence of contract to the contrary between the parties, that such place of residence would confer jurisdiction to the Court concerned...........
Criminal Procedure Code, 1973, Section 173, 156 -- Further investigation and fresh investigation - Power of Magistrate - Held, Magistrate has no jurisdiction to direct `fresh' or `de novo' investigation - It is only upon the orders of higher Courts empowered to pass such orders that aforesaid investigation can be conducted, in which event higher Courts will have to pass a..........
Punjab Municipal Corporation Act, 1976, Section 103(d), 146 -- Levy of house tax - Show cause notice - Writ petition - Alternative remedy - All petitions directed against notice and assessment of house tax yet to take place - Held, petitioners would have a right to file appeal against same - Writ petitions against issuance of show cause notice would be pre-mature - Remedy..........
Criminal Procedure Code, 1973, Section 386 -- Criminal appellate jurisdiction - Exercise of power by High Court - Held, deliberation by High Court while exercising criminal appellate jurisdiction has to be reflective of due cogitation and requisite rumination - It must reflect application of mind, consideration of facts in proper perspective and appropriate ratiocination..........
