Civil Procedure Code, 1908, Section 17, 16(d) -- Territorial jurisdiction - Suit relating to immovable property - Property situated within jurisdiction of different Courts - Suit may be instituted in any Court within local limits of whose jurisdiction any portion of said immovable property is situated...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for rendition of accounts - Report - Objection was raised that slips produced by plaintiff were inadmissible in evidence - Once slips is proved to be in handwriting of Accountant, slips cannot be held to be inadmissible in evidence...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 25 -- Ex parte decree - Setting aside - Some of the defendants residing out of country - Procedure U.O.5.R.25 to be followed - Court committed serious illegality in ordering publication of notice in local newspaper - Ex parte decree set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C) -- Recovery of 270 gms heroine - Accused acquitted as (i) Non joining of independent witnesses despite availability and no plausible explanation offered for non joining independent witnesses ; (ii) secret information not recorded in proper register duly maintained and there is no authenticity of such an..........
Civil Procedure Code, 1908, Order 26, Rule 9, Constitution of India, 1950, Article 227 -- Application for appointment of local commissioner dismissed - Revision under Art.227 of Constitution - Not maintainable except in exceptional circumstances...........
Criminal Procedure Code, 1973, Section 177, 178, 179 -- Jurisdiction of criminal Courts - Generally, offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it is committed - However, there is no absolute provision that offence committed beyond local jurisdiction cannot be investigated, inquired into or tried...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Local Commissioner - Ascertainment of illegal construction raised by defendant - Record demonstrates that defendant raising construction as per bye laws and norms of Municipal Council - Moreover, Municipal Council has issued notice with respect to certain deviations - Existence of deviations on the spot is a..........
Bihar and Orissa Tenancy Act, 1913, Section 5(2), 55(c) -- Suit for declaration of occupancy raiyat - Bar to institute suit - As per S.55(c) of the Act, there is bar to institute suit in respect of land belonging to Government or any local authority which is used for any public work - In the instant case, disputed land belonging to Government recorded as canal - Thus, suit..........
Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Section 151 -- Interim injunction - Violation of order - Appointment of local commissioner - In the instant case, defendant continued construction on disputed property after the order of interim injunction - Said act of defendant amounts to disobedience..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Second Local Commissioner - Not permissible without expunging earlier Commissioner's report...........
