Criminal Procedure Code, 1973, Section 125, 483 -- Application u/s 125 Cr.P.C - Expeditious disposal of application - Family Court exercises jurisdiction of judicial Magistrate while deciding an application u/s 125 Cr.P.C - Application u/s 483 Cr.P.C. seeking a direction to Family Court for expeditious disposal of an application u/s 125 Cr.P.C. would be maintainable...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Term competence u/s 24 CPC is with reference to status of Court and not with reference to territorial jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of fine - Magistrate has no power to impose fine more than double the cheque amount - Since Magistrate has imposed the fine of Rs.4,30,000 which is beyond the jurisdiction of trial Court, as cheque amount is Rs.2 lakhs only, fine amount reduced to sum of Rs.3,25,000...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 6, 23 -- Jurisdiction of Court - Dispute as to title of property - Forum under the Act do not have jurisdiction to decide the title of property - However, mere fact that question of title is under dispute, it does not mean that till it is not decided finally, senior citizen cannot approach forum under..........
Civil Procedure Code, 1908, Order 7, Rule 11, Wakf Act, 1995, Section 85, 40 -- Rejection of plaint - Bar of Civil Court jurisdiction - Jurisdiction of Civil Court is specifically ousted in determining issue whether a particular property is or is not a Waqf property - Plaint rejected...........
Employees State Insurance Act, 1948, Section 40, 74 -- Recovery of contribution u/s 40 of the Act - Nagar Nigam made regular contributions under the Act for the periods between 1964 to 1978 thereby conceding to the position that its workshop was covered under the definition of `factory' where manufacturing process was being carried on - But subsequent to 1978 and before..........
Custody of child -- Writ of habeas corpus - Where facts are disputed and a detailed inquiry is required, Court may decline to exercise its extraordinary jurisdiction and may direct the parties to approach the appropriate legal forum...........
Criminal Procedure Code, 1973, Section 128, 125, 127 -- Enforcement of order passed u/s 125 or S.127 Cr.P.C - Territorial jurisdiction - Order passed u/s 125 Cr.P.C or S.127 Cr.P.C can be enforced by Executing Court even if party against whom such order is made resides outside its jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Sale of property - Only such portion of property as would satisfy decree is to be sold and not the entire property - Court's power to auction any property or part thereof is not just a discretion but an obligation imposed on the Court and the sale held without examining this aspect and not in conformity with this..........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Time limit for arbitral award - Extension of time - Power u/s 29-A(4) of the Act vests in the Court as defined in S.2(1)(e) of the Arbitration and Conciliation Act - It is the principal Civil Court of original jurisdiction in a district which includes a High Court provided the High Court has ordinary original civil..........
