Criminal Procedure Code, 1973, Section 125, 126 -- Maintenance - Issue as to territorial jurisdiction of Court - Applicant never raised said issue before Family Court and even submitted to its jurisdiction till completion of trial and delivery of judgment - It would therefore be wholly improper to allow applicant to raise issue of territorial jurisdiction for the first..........
Motor Vehicles Act, 1988, Section 166(2) -- Accident - Claim petition - Territorial jurisdiction of tribunal - Claim petition can be filed at a place where insurance company, which is main contesting party, has its business - In such case, no prejudice is caused to any party and there is no failure of justice - High Court was not justified in setting aside award of..........
Civil Procedure Code, 1908, Section 20, 22, 23 -- Territorial jurisdiction - Suit filed in a Court can also be conveniently tried in another Court which also has the territorial jurisdiction - Appropriate High Court can transfer the suit by applying principle of forum convenience...........
Arbitration and Conciliation Act, 1996, Section 9 -- Petition u/s 9 of Act - Leave to file - Jurisdiction of Court - Dispute as to possession of land - It would conceptually fall within the category of `suit for land' as engrafted u/clause 12 of Letters Patent (as applicable to Bombay High Court) - It is difficult to accept that it is money claim and therefore Bombay High..........
Criminal Procedure Code, 1973, Section 41 -- Arrest without warrant - For ensuring that police officer do not arrest accused unnecessarily and magistrate do not authorise detention casually and mechanically, Supreme Court issued the following directions: (a) All State Governments to instruct its police officers not to automatically arrest when a case u/s. 498-A IPC is..........
United Provinces High Court (Amalgamation) Order, 1948 -- Clause 1.14 - First Proviso - Territorial jurisdiction of two Benches of Allahabad High Court - Determination of - Held, territorial jurisdiction of two Benches of Allahabad High Court has to be decided in view of first proviso to cl.14 of Amalgamation Order, 1948 as interpreted in case of Nasiruddin Versus State..........
Precedent -- Decision of High Court - Held, decision of one High Court is not binding precedent for another High Court - Decision of High Court will have force of binding precedent only in State or territories over which Court has jurisdiction - In other States or outside territorial jurisdiction of that High Court it may, at best, have persuasive effect...........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitral dispute - Territorial jurisdiction - Jurisdiction clause in agreement provides that agreement shall be subject to jurisdiction of Courts at Kolkata - Held, by making a provision that agreement is subject to jurisdiction of Courts at Kolkata parties have impliedly excluded jurisdiction of other Courts - Where..........
Negotiable Instruments Act, 1881, Section 138, 142, Constitution of India, 1950, Article 226, 227 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Jurisdiction to issue a writ - Held, it is co-extensive with territorial jurisdiction of High Court within whose jurisdiction subordinate Court takes cognizance of a complaint - Proceedings instituted within..........
Criminal Procedure Code, 1973, Section 482 -- Bail application - Exercise of inherent power by High Court - Criminal cases pending in other states - No details are given in petition u/s 482 of CrPC as to in which case the petitioner is seeking bail from this Court - Held, in respect of criminal cases pending in other states, this Court has no territorial jurisdiction to..........
