Consumer Protection Act, 1986, Section 3, Arbitration and Conciliation Act, 1996, Section 8 -- Arbitration clause - Does not oust the jurisdiction of Consumer Forum - If a complaint is filed under the Consumer Act in the first instance then a consumer cannot be denied relief by invoking S.8 of Arbitration and Conciliation Act, 1996...........
Consumer Protection Act, 1986, Section 17(2) -- Territorial jurisdiction - Cause of action - Complainant in his evidence had clearly asserted that he went to the office of -'B-' OP No. 5, first to collect the commercial invoice and subsequently to submit the same but after its verification he was advised by respondent/OP No. 5 to go to Mumbai - The State Commission has..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(g), 17(2) -- Territorial jurisdiction - Once the State Commission rightly or wrongly came to the conclusion that it had no territorial jurisdiction, it ought to have laid its hands off the complaint and returned it to the complainant for presentation before the appropriate Consumer Forum/Tribunal - Dismissal of the..........
Arbitration and Conciliation Act, 1996, Section 42 -- Arbitration agreement - Jurisdiction of Court - Filing of future applications - Held, jurisdiction of a Court has to be duly invoked by a party and if the jurisdiction of a Court is found to have been invoked erroneously, future applications in respect of the arbitration agreement in question would not lie in that Court..........
Civil Procedure Code, 1908, Section 15 -- Jurisdiction to deal with subject matter - Non raising of objection as to - Effect - Held, even if a party may not have raised the point that Court does not have jurisdiction to decide the subject matter of dispute and ultimately suffers an order or a decree, such order/decree is a nullity and that its invalidity may be raised..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Cognizable offence - Refusal to record information on ground of lack of territorial jurisdiction - Held, proper procedure is to record information of cognizable offence and forward same to the police station having jurisdiction over the area in which the crime was committed - Not to record information of cognizable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction and sentence - Validity - Statutory notice was served on accused to which he remained passive - Both Courts below on appreciation of evidence have come to the conclusion that the offence has been made out - There is nothing to show that findings are either perverse or unwarranted by evidence..........
Civil Procedure Code, 1908, Section 17 -- Territorial jurisdiction - Partition suit - Suit properties situated in territorial jurisdiction of three different Courts - Held, in view of S.17 CPC, suit could be instituted in any of said three Courts - Accordingly, suit instituted at Ambala which has territorial jurisdiction over part of suit properties located at Ambala has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Cheque issued drawn on a bank at Meerut - Complainant residing at Faridabad where he had his bank account - Cheque was deposited at Faridabad - Held, Court at Faridabad has jurisdiction...........
Civil Procedure Code, 1908, Section 9 -- Confer of jurisdiction by agreement - Not permissible - Held, parties can enter into an agreement for enforcement of legal rights and subjecting themselves to obligations but cannot agree to confer jurisdiction by agreement on a Forum or a Tribunal - Parties cannot agree to confer jurisdiction on a Rent Controller by a lease deed in..........
