Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction - Cheque was presented at the IDBI Bank at Indore - Original drawee bank would be bank at Chandigarh on which the cheque was drawn - Held, complainant has no ground to file complaint at Indore - Complaint may be returned to complainant for presentation before Court of..........
Punjab Panchayati Raj Act, 1994, Section 20(4) -- Removal of Sarpanch - Scope of preliminary enquiry - Held, - Authority conducting the regular enquiry possesses a wider jurisdiction, as compared with the officer dealing with the preliminary enquiry - Preliminary enquiry conducted in a summary manner during course of limited jurisdiction, cannot oust larger jurisdiction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Agreement of loan took place at Indore and deed of agreement executed at Indore - Cheques were issued at Indore - Cheques were required to be presented at Indore - Cheque Processing Center at Mumbai cannot be equated with drawee bank - Merely because notice was issued by complainant from..........
Indian Penal Code, 1860, Section 149 -- Common object - Prosecution is well within its jurisdiction to establish the charge u/s 149 IPC even after acquittal of two members of the unlawful assembly - However, in order to attract S.149 IPC, it must be shown that the incriminating act was done to accomplish the common object of unlawful assembly and it must be within the..........
Consumer Protection Act, 1986, Section 11(2)(a) -- Territorial jurisdiction - Housing - Flat in the jurisdiction of Mohali District Forum - Plea that complaint before the District Forum, Chandigarh not maintainable repelled because the OPs have their head office at Chandigarh - Thus as per Section 11(2)(a) of the CP Act, 1986, the Consumer Fora, Chandigarh had a..........
Civil Procedure Code, 1908, Section 24, 26 -- Partition suit - Transfer of - S.24 CPC cannot be pressed into service to transfer the suit to a Court, which does not have a semblance of jurisdiction, pecuniary, territorial, subject-matter, or otherwise - It is in rare cases, such as, where threat to life of one party or the other is strongly urged, that the request for..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 173 -- Completion of Investigation - Duty of Investigation Officer - Held, investigation in cognizable cases may lead investigating officer to conclusion that there is no sufficient evidence or reasonable ground of suspicion to proceed against accused and prompt investigating officer to conclude investigation as "not..........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A, Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment allowed whereby valuation changed from Rs.100/- to Rs.1,80,100/- - Effect of the amendment is that trial Court has no jurisdiction to try the suit - Trial Judge directed to proceed with the suit as per O.7.Rr.10 & 10-A CPC...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Delay and laches - Seniority - The impugned order dated 31.5.1989 that rejects the representation by pointing out that the claim was barred by limitation and the issue of fixation of seniority had been finally drawn up as early on 28.2.1978 and after circulating the tentative seniority list when the petitioner..........
Civil Procedure Code, 1908, Section 20 -- Suit for recovery of money - Jurisdiction - Held, u/s 20 of the Code, court gets jurisdiction if defendant resides or carries business or personally works for gain within local limits or jurisdiction or cause of action arises, wholly or in part within such local limits - In present case, registered office and sales office of..........
