Criminal Procedure Code, 1973, Section 437, 482 -- Bail cannot be granted in a petition for quashing of FIR - Respondents were absconding in a murder case as per charge sheet - Petition filed for quashing of FIR - High Court while disposing off petition u/s 482 Cr.P.C. released the respondents on bail - Held, that High Court has not considered the merits of the case -..........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Inherent lack of jurisdiction renders the decree passed by a Court a nullity - When Court is without jurisdiction to entertain any matter, neither acquiescence nor the express consent of parties can confer jurisdiction upon the Court...........
Provincial Small Causes Courts Act, 1887, Section 25 -- Revision - Revisional Court u/s 25 of the Act cannot reappraise or reassess the evidence - It is only when the findings of fact are based either on no evidence or inadmissible evidence or evidence has been ignored under a wrong assumption, then the Revisional Court would be within its jurisdiction to record its own..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Retiral benefits - Government servant - Delayed payment - Complaint maintainability - Held that the complainant being a Government servant, his complaint itself not within jurisdiction of the Fora below - Order passed by the State Commission as well as of the District Forum allowing relief to the complainant..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Bank guarantee - The transaction in this case relating to furnish of Bank guarantee was for a purely commercial purpose within the meaning of Section 2(1)(d) of CP Act - The petitioner could not have invoked the jurisdiction of the Consumer Fora for redressal of their grievance...........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Contract of insurance having been entered at Rishikesh by issue of cover note by the Development Officer of the Insurance Company which is within jurisdiction of the Dehradun District Forum - Dehradun District Forum has the jurisdiction despite the fact that insurance policy was issued by New Tehri..........
Consumer Protection Act, 1986, Section 2(1)(e), Maharashtra Civil Services (Pension) Rules, 1982 -- Consumer dispute - GPF advance - Appellant retired compulsorily - Not applied for final payment of GPF but for GPF advance which was rejected by employer - Such a dispute between the employer and ex employee regarding advance of G.P.F. is not a consumer dispute - The Forum..........
Consumer Protection Act, 1986, Section 11 -- Pecuniary jurisdiction - Amendment in statute - Held that amendment brought by the CP Amendment Act, 2002 was prospective in nature - Complaints which have already been filed before the State Commission and National Commission shall continue to be heard and disposed of by respective State Commissions and the National Commission..........
Criminal Procedure Code, 1973, Section 204, 397 -- Interlocutory order - Revision against - Maintainability - Whether issue of process in exercise of power u/s 204 of Cr.P.C. by Magistrate is amenable to jurisdiction of revisional court? - Held, interlocutory order if substantially touches rights of parties and has an effect of final decision against party certainly such..........
Criminal Procedure Code, 1973, Section 177, 178, Indian Penal Code, 1860, Section 498A -- Cruelty - Territorial jurisdiction - Conduct of A1 in sending PW1 out of house in view of her failure to bring additional dowry as demanded and further threatening her on her life in the event of her making any effort to come back empty handed and plight of victim necessitating her to..........
