Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Jurisdiction of High Court - Held, proceedings to be quashed - (i) where there is a legal bar against the institution or continuation of proceedings; (ii) Where allegations in FIR or complaint even accepted on their face value, do not constitute the alleged offence; (iii) Where the allegations..........
Criminal Procedure Code, 1973, Section 179, 180, Indian Penal Code, 1860, Section 465, 471, 120B -- Forged sale deed executed by impersonating and registered at Calcutta - Identifying Advocate found non existent - Land situated in District Varanasi - Mutation got sanctioned in District Varanasi - CJM, Varanasi has jurisdiction to entertain complaint and pass appropriate..........
Specific Relief Act, 1963, Section 28(1) -- Passing of decree for specific performance of agreement to sell - After passing of the decree Court does not cease to have jurisdiction and it retains control over the decree as Court can in exercise of powers u/s 28(1) of the Act, either extend time or rescind contract as claimed...........
Constitution of India, 1950, Article 12, 226 -- Punjab Co - operative Societies Act, 1961 - Writ jurisdiction - Cooperative society - Alternative remedy - Writ maintainability - The share money of the State Government in the respondent - Cooperative Bank is only 0.36% - There is nothing on the record to suggest that the control over the society is of the State Government -..........
East Punjab Urban Rent Restriction Act, 1949, Section 15 -- Revision - While exercising the revisional jurisdiction, High Court is not supposed to re-assess the evidence once both the Courts below have recorded concurrent finding of fact on the question of bona fide need and even if two views are possible...........
Consumer Protection Act, 1986, Section 2(1)(g), 21(b) -- Insurance claim - Repudiation - Suppression of material facts - Non-disclosure of taking of drugs for the last 5-6 years by the life assured held to be a material fact - The same deliberately suppressed in the proposal form - State Commission held fully justified in passing the order under challenge allowing the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Transaction took place at Mandi Gobindgarh - Cheque drawn of a Bank at Mandi Gobindgarh - Complainant presenting cheque for collection at Delhi - Cheque dishonoured - Registered/head office of complainant at Delhi - Notice of demand served from Delhi - Held, court at Delhi has..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31A -- Execution of decree passed in suit for recovery of amount due to bank filed in civil court - Suit decreed - During relevant time DRT Act was in force and Tribunal was constituted - Held, civil court has no jurisdiction to entertain execution petition - Entire execution proceedings are void..........
Punjab Panchayati Raj Act, 1994, Section 216, Prevention of Corruption Act, 1988, Section 7, 3 -- Misappropriation of funds - Petitioners allegedly committed embezzlement of amount given to him as Sarpanch under different schemes - Petitioner found innocent after enquiry - Enquiry officer opined that no action is warranted u/s 216 of the Act - New BDPO passed order against..........
Karnataka Rent Control Act, 1961, Section 21(1)(h) -- Pendency of eviction proceedings - Rate of rent Rs.4000/- - Karnataka Rent Act, 1999 came into force and applicable to the pending proceedings - This Act not applicable where rate of rent is above Rs.3500/- Held, Court of Small Causes has no jurisdiction to try the said eviction proceedings...........
