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..........
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..........
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...........
Arbitration and Conciliation Act, 1996, Section 34 -- Objection petition - Territorial jurisdiction - There was contract between parties executed in Haryana - Bank guarantee was furnished by petitioners - Bank guarantee was obtained from bank at Delhi but furnished in Haryana - Petition u/s 9 of the Act filed by petitioner at Delhi dismissed as infructuous on request of..........
Criminal Procedure Code, 1973, Section 178(c),179, Indian Penal Code, 1860, Section 323, 498A -- Cruelty - Territorial jurisdiction - Harassment and cruelty as alleged was caused to opposite party No.2 at the hands of accused-petitioners at her sasural situated in Distt. Lakhisarai and she was driven out from there by them by snatching her personal belongings and she,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Part of cause of action - Held, if complainant calls upon accused to make payment at place mentioned in demand notice and accused fails to make payment at that place, part of cause of action would undoubtedly arise at that place - Thus, court in whose territorial jurisdiction accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Respondent had deposited the cheque in question for collection to his banker at Shimla - Cheque returned to respondent through his banker after dishonour at Shimla - In complaint necessary averments regarding territorial jurisdiction of Shimla Court have been pleaded - Held,..........
Trade Marks Act, 1999, Section 142 -- Infringement of Trade Mark - Territorial Jurisdiction - Held, an advertisement by itself in a Trade Mark Journal would not confer jurisdiction on a Court within whose territorial limit advertisement is published or is seen - If an application for registration of impugned trade mark is made in the territorial jurisdiction of a Court..........
