Haryana Co-operative Societies Act, 1984, Section 128(1)(c) -- Plea of bar of jurisdiction of Civil Court not raised in written statements - Held, such plea can be raised in first appeal as well as second appeal, same being purely based on question of law arising from pleadings of plaintiff...........
Haryana Co-operative Societies Act, 1984, Section 102(1), 128(1)(c) -- Dispute between society and its member - Recovery suit - Jurisdiction of Civil Court - Defendant was granted loan as member of plaintiff society - Dispute between parties related to management and business of society and dispute was between society and its members - Held, dispute is covered by S.102 of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Plea of bar of jurisdiction of Civil Court was not raised in written statement - Held, said plea being purely legal plea can be allowed to be raised in second appeal...........
Criminal Procedure Code, 1973, Section 188 -- Territorial jurisdiction - Offence committed in USA but cognizance taken by Magistrate in India without obtaining prior sanction of Central Government - Held, cognizance taken in violation of provision of S.188 of Code and, thus, bad in law...........
Constitution of India, 1950, Article 226, Delhi Special Police Establishment Act, 1946, Section 3 -- Investigation by CBI - High Court can issue directions to CBI for investigation while exercising jurisdiction u/art.226 of Constitution - However, such direction shall be given only in exceptional circumstances...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Loan agreement executed at Delhi and loan disbursed at Delhi - Cheque issued of a bank located outside Delhi - Cheque presented for encashment in a Bank at Delhi - Demand notice sent from Delhi - Held, Court at Delhi has jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Loan agreement executed at Delhi - Loan disbursed to accused from an account at Delhi - Prima facie jurisdiction vests in Courts at Delhi...........
Prevention of Corruption Act, 1988, Section 19(1) -- Public servant - Sanction for prosecution - A mere error, omission or irregularity in sanction is not fatal unless it results in failure of justice has been occasioned thereby - S.19(1) of the Act is a matter of procedure and does not go to the root of jurisdiction - Once cognizance is taken by Court then it cannot be..........
Civil Procedure Code, 1908, Section 24(3)(a), 3 -- Impugned order passed by Principal District Judge in exercise of power u/s 24 of Civil Procedure code, withdrawing and transferring case from file of one Additional Judge to the file of another Additional District Judge - Impugned order set aside - Held, application u/s 24 of Civil Procedure Code should be filed before..........
Negotiable Instruments Act, 1881, Section 138,142 -- Dishonour of cheque - Territorial jurisdiction - Held, payee has an option to present cheque in any bank including collecting bank where he has his account - But to attract criminal liability of drawer of cheque such collecting bank is obliged to present cheque in drawer's bank on which cheque is drawn - In this case,..........
