Criminal Procedure Code, 1973, Section 102 -- Seizure of property - Freezing of bank account - Power of police officer - Police officer has not issued a notice of seizure to petitioner to enable her to operate bank account subject to her executing bond undertaking to produce the amount in Court as and when required - Police officer has not reported seizure of bank account..........
Punjab Land Revenue Act, 1887, Section 45 -- Declaratory suit - Revenue entries - Plaintiff felt aggrieved by entries in revenue record and record of rights - Held, u/s.45 of the Act, plaintiff entitled to institute suit in a civil Court for declaration of his rights - Civil Court would certainly have jurisdiction to adjudicate upon a suit regarding declaration of rights..........
Representation of the Peoples Act, 1951, Section 98 -- Election petition - Enquiry by High Court Committee sought - Social status of elected candidate disputed - In earlier election petition, elected candidate declared to be belonging to particular caste and benefit of that category extended to him - Hence, petitioner could not challenge social status of elected candidate..........
Criminal Procedure Code, 1973, Section 482 -- Power of High Court u/s 482 Cr.P.C. - Scope of - Held, inherent powers vested in High Court u/s 482 of the Code are very wide - Nevertheless, inherent powers do not confer arbitrary jurisdiction on the High Court to act according to whims or caprice - This extra-ordinary power has to be exercised sparingly with circumspection..........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitration agreement - Criminal proceedings - Held, existence of an arbitration agreement cannot take the criminal acts out of the jurisdiction of the courts of law - Contention that in view of arbitration agreement between agent and Govt. all alleged violations fell within the purview of Arbitration and Conciliation..........
Criminal Procedure Code, 1973, Section 482, 190 -- Sanction for prosecution - Plea of no, application of mind by sanctioning authority - Quashing of proceedings sought - Held, at initial stage of a criminal case, that too, at the time of cognizance, this point cannot properly be examined and decided by High Court, that too, while exercising its inherent jurisdiction u/s..........
Constitution of India, 1950, Article 226, Punjab Land Preservation Act, 1900, Section 3, 4, 5 - - Forest land - Determination of - Held, whether a particular piece of land falls or is excluded from ambit of `Forest Land' is a question of fact to be decided by Forest Department being custodian of `Forest Lands'- High Court in exercise of its discretionary jurisdiction..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Plea that petitioner is not the signatory of cheque - Held, this is a question of fact which is required to be examined by trial Court after recording evidence of parties - High Court in its jurisdiction u/s 482 of CrPC cannot examine..........
Civil Procedure Code, 1908, Section 9, Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, Section 36A - - Jurisdiction of Civil Court - Suit based on title - Plaintiff having title over suit property - Defendant claiming ownership by way of adverse possession - No bar to entertain said suit u/s 9 CPC...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Correction of entries in revenue record - Jurisdiction - Held, entries in revenue records/mutations consequent upon decree passed by Assistant Collector 1st Grade which were further incorporated in jamabandis cannot be set aside/corrected by way of fard badar or could be set aside/corrected by way of civil..........
