Civil Procedure Code, 1908, Section 38,39 -- Execution of decree - (as inserted by amendment), O. 21, R. 3 and 48 - Jurisdiction - Held, as per S.39 there is no scope of exercising the jurisdiction for execution at the instance of original Court which passed the decree if the person or the property, as the case may be, against which the decree is sought to be enforced is..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Education - Coaching Institute - Appellant carrying on coaching Institute at Chandigarh - They are also residing there and there is no branch office within the jurisdiction of the District Forum Hamirpur - Even no cause of action wholly or in part has arisen with the jurisdiction of the Forum below..........
Legal Services Authorities Act, 1987, Section 22B -- Permanent Lok Adalat - Territorial jurisdiction - Airlines - Conditions of Carriage - Exclusive jurisdiction clause - All dispute shall be subject to jurisdiction of the Courts at Delhi only - Permanent Lok Adalat for public utility services, Hyderabad was constituted for the area of Hyderabad and transport services by..........
Legal Services Authorities Act, 1987, Section 22B -- Permanent Lok Adalat - Territorial jurisdiction - Airlines - Conditions of Carriage - Exclusive jurisdiction clause - All dispute shall be subject to jurisdiction of the Courts at Delhi only - Permanent Lok Adalat for public utility services, Hyderabad was constituted for the area of Hyderabad and transport services by..........
Hindu Marriage Act, 1955, Section 19 -- Divorce - Jurisdiction of Court - Place of last residence - Husband pleaded that parties to matrimony last resided in Dehradun together - This fact denied by wife - Question whether couple last resided in Dehradun not a mixed question of fact and law, which arised out of pleading of parties - Hence, in such circumstances finding of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Barring issuance of notice from Aurangabad, nothing material has taken place between petitioner and complainant within the jurisdiction at Aurangabad - Notice was served to petitioner at Tondapur, Taluka Jamner, District Jalgaon - Held, consequently, contention..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - All the cheques were drawn on a bank which is situated within territorial limit of Court concerned and as such Court concerned is not lacking of any territorial jurisdiction - Having gone through averment made in petition of complaint and initial deposition of complainant on..........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Invoice containing clause 'All disputes subject to Gujarat jurisdiction' - Invoice not signed by defendant - Invoice is unilateral one - Cannot be said that there is an agreement to confer exclusive jurisdiction to Gujarat...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction - Complainant had averred that cheque was handed over by accused at Ernakulam - Contention that precise place where cheque was handed over has not been averred in complaint - Held, cheque was handed over at Ernakulam which is within the jurisdiction of Chief Judicial..........
Consumer Protection Act, 1986, Section 23 -- Appeal - Question of fact - New plea - Territorial jurisdiction - Postal service - Parcel booking - Plea that J&K State Consumers Protection Commission Srinagar, had no jurisdiction to entertain and decide the disputes inasmuch as the cause of action in entirety had arisen in Delhi as the parcel for onward transmission to..........
