Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Defective investigation - If at any time, defective investigation comes to light during the course of any trial or inquiry, then same may be cured by directing further investigation and for this purpose, any appropriate writ direction or direction u/art 226 of Constitution or under..........
National Investigation Agency Act, 2008, Section 22(3) -- Jurisdiction of Sessions Court - Sessions Court within whose jurisdiction offence took place had the power and jurisdiction to deal with the case by virtue of S.22(3) of the Act, if State has not constituted a special Court for trial of offences...........
Unlawful Activities (Prevention) Act, 1967, Section 43D(2), Criminal Procedure Code, 1973, Section 167(2) -- Remand - Court u/s 43-D(2) Proviso of the UAPA has been given power to extend and authorize detention of accused beyond a period of 90 days as provided u/s 167(2) Cr.P.C - Jurisdictional Magistrate would also be clothed with jurisdiction to deal with remand of..........
Constitution of India, 1950, Article 226 -- Writ petition - For filing of a writ petition, there is no fixed period of limitation prescribed - However, when extraordinary jurisdiction of writ Court is invoked, it has to be seen as to whether it is invoked within reasonable time...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for possession by way of ejectment - Jurisdiction of civil Court is not ousted if a landlord tenant relationship is disputed - Tenants estopped from claiming that they are entitled to protection u/s 77 of Punjab Tenancy Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of proceedings - Cheques which were dishonoured are issued on Bank at Pune - Agreement executed between parties at Pune and accused residing at Pune - Cause of action has arisen at Pune - Only in order to harass accused complaints have been filed at Calcutta by manipulating the jurisdiction -..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Court in exercise of its review jurisdiction, cannot re-appreciate evidence to arrive at a different conclusion even if two views are possible in a matter...........
Partition -- Jurisdiction - In Punjab, Haryana and UT Chandigarh, jurisdiction to partition the joint property is conferred in Revenue Authorities as well as Civil Court - With regard to agricultural land, jurisdiction is pre-dominately with Revenue Authorities, whereas, with regard to non-agricultural land, jurisdiction exclusively vests in civil Court...........
Partition -- Jurisdiction - In Punjab, Haryana and UT Chandigarh, jurisdiction to partition the joint property is conferred in Revenue Authorities as well as Civil Court - With regard to agricultural land, jurisdiction is pre-dominately with Revenue Authorities, whereas, with regard to non-agricultural land, jurisdiction exclusively vests in civil Court...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court will not entertain a petition u/art 226 of Constitution if an effective alternative remedy is available to the aggrieved person or the statute under which the action complained of has been taken itself contains a mechanism for redressal of grievance...........
