Civil Procedure Code, 1908, Section 144 -- Restitution - Mistake/error committed by Court - Correction on the basis of principle of restitution - Any undeserved or unfair advantage gained by a party invoking jurisdiction of Court must be neutralized, as institution of litigation cannot be permitted to confer any advantage on a suitor by act of Court...........
Criminal Procedure Code, 1973, Section 327, 482 -- Proceedings in camera - Recall of order directing in-camera trial - Unless applicant is able to show that prejudice is caused on account of order directing in-camera proceedings to be held, Court ought not to exercise the inherent jurisdiction to interfere with satisfaction exercised by trial Judge - Petition dismissed...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Once an opinion has been formed with regard to offence having been committed u/s 340 Cr.P.C, Court needs to make a complaint in writing and the same has to be sent to a Magistrate of competent jurisdiction - Magistrate has to deal with such a complaint u/s 343 Cr.P.C as if it was instituted as a police report...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Once charges are framed u/s 228 Cr.P.C, High Court would not be justified in invoking its inherent jurisdiction u/s 482 Cr.P.C to quash proceedings in Sessions case except in those rare cases where forensic exigencies and formidable compulsions justify such a course...........
Civil Procedure Code, 1908, Section 16(c), 20 -- Jurisdiction - S.16(c) CPC has an overriding effect on the residuary provision as contained in S.20 CPC...........
Civil Procedure Code, 1908, Section 16(c) -- Jurisdiction of Court - Mortgage suit - Court in whose jurisdiction property is situated has jurisdiction to entertain mortgage suit as per S.16(c) CPC - S.16(c) CPC has an overriding effect on the residuary provision as contained in S.20 CPC - When a Court lacks jurisdiction parties cannot by their agreement confer the same, as..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a), Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Cheque was presented by complainant for encashment with his banker at Bank in District Hamirpur - In view of amendment of S.142(2)(a) of N.I. Act, jurisdiction to try complaint vested with Court of competent jurisdiction in..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized articles - During pendency of investigation - Seized articles cannot be released by Court u/s 451 Cr.P.C at the stage of investigation - However, u/s 457 Cr.P.C, Court has jurisdiction to give custody of seized property/articles at the stage of investigation when those articles are not produced before..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Plaint can be ordered to be returned when issue of jurisdiction is a pure question of law and not when issue of jurisdiction is a question of fact or mixed question of law and fact which must be decided on merits...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Matrimonial dispute - Plaintiff specifically stated that not only parties to suit reside but cause of action with respect to matrimonial dispute arose as also part of landed property situate within territorial jurisdiction of trial Court - Since a defendant/female is stated to be..........
