Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 263, 264, 265 -- Dishonour of cheque - Trial - Recording evidence by Court upon a preliminary objection - Held, in the NI Act, 1881 or in the provisions of Ss.262 to 265 of the Code there is no provision for recording evidence by Court upon a preliminary objection taken by an..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Lesser valuation of suit - Correction of - Permissibility by way of amendment - Held, though suit might have been valued at lesser amount, whereby concerned Court does not get preliminary jurisdiction, yet as long as the objection is not raised and decided thereon, it cannot simply throw it out - In..........
Constitution of India, 1950, Article 226, 32 -- Alternative remedy - Adequate alternative remedy in the form of Article 226 of Constitution - Exhaustion of alternative remedies is a rule of convenience and discretion rather than a rule of law - At any rate it does not oust the jurisdiction of this Court to exercise its writ jurisdiction under Article 32 of the..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Successive petitions - New ground taken in present quash petition could not have been taken in earlier two quash petitions - Held, present quash petition should be deemed to have been filed on a fresh cause of action which was not available to petitioner earlier - Preliminary objection rejected...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Housing - Held that anybody who applies for allotment of a house is a 'Consumer' therein - Preliminary objection raised on the point of litigation being of 'civil nature' as also that the complainant not being a 'consumer' repelled...........
Consumer Protection Act, 1986, Section 3 -- Railway Claims Tribunal Act, Section 13 - Additional remedy - Complaint dismissed on preliminary objection that complaint for missing package barred by Section 13 of the Railway Claims Tribunal Act - Held that the perception of the District Forum entirely erroneous - By virtue of Section 3 of CP Act remedy before Consumer Fora is..........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Written statement filed and objection to jurisdiction taken - Issue as to jurisdiction treated as preliminary issue and parties went on trial on said issue - It does not amount to submitting to the jurisdiction of the Court especially when a preliminary objection with regard to the jurisdiction is taken...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Incorporation of plea of resjudicata - Suit for declaration challenging decree of Civil Court - Another suit qua the same matter in dispute decided by Civil Judge after filing of written statement - Application for amendment of written statement raising preliminary objection that suit barred..........
Partition -- Protection of possession of tenant - Suit for partition of joint house - One portion in possession of tenant - Preliminary decree passed - DH filed application for execution - Objection by tenant - Dismissed by one of the co-sharer that he cannot be evicted in execution of decree - Held - Tenant cannot be thrown out in execution of decree. After partition is..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Suit for permanent injunction - Compromise between parties - Consent decree passed on the basis of compromise - Mutation not sanctioned by Revenue Authorities on the plea that right, title or interest not declared by consent decree - Second suit for declaration claiming one relief inconsistent to consent decree...........
