Constitution of India, 1950, Article 226 -- Court Martial proceedings - Conviction - Sentence - Judicial review - When evidence is sufficient, court-martial has jurisdiction over the subject matter and has followed the prescribe procedure and it is within its power to award punishment - The High Court should not allow the challenge to the validity of conviction and..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Order passed by the ld. Single Judge without affording any opportunity to the respondents therein to file a reply - The order upheld by the Division Bench of the High Court - The orders passed cryptic and bereft of any reasons - The order of the High Court set aside - Case remanded to the Division Bench of the..........
Consumer Protection Act, 1986, Section 14, Electricity Supply Act, 1948, Section 49 -- Jurisdiction - Consumer Fora - Electricity supply - Held that the licencee or the OP is entitled to set down the terms and conditions for supply of energy under Section 49 of the Act of 1948 - Under these provisions it can frame uniform tariff or unilaterally alter the conditions of..........
Railways -- Deficiency is service - Compensation - Newly married couple looted on dagger point of their valuables in first class compartment by unauthorized persons by entering in the compartment - Neither Conductor nor Coach Attendant was in the compartment since the start of train from Patna - Award of compensation of Rs. 50,000/- by Fora below warrant no interference in..........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Parties by agreement can restrict the jurisdiction to one Court having jurisdiction and in that event, the agreement binds the parties and jurisdiction of other Court stands ousted...........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Written statement filed and objection to jurisdiction taken - Issue as to jurisdiction treated as preliminary issue and parties went on trial on said issue - It does not amount to submitting to the jurisdiction of the Court especially when a preliminary objection with regard to the jurisdiction is taken...........
Civil Procedure Code, 1908, Section 16, 20 -- Jurisdiction - S.20 CPC is not applicable when suit comes within purview of S.16 CPC...........
Civil Procedure Code, 1908, Section 16(b), 16(d), 20 -- Territorial jurisdiction - Suit for declaration for declaring oral Will and sale deed null & void and Decree of partition - Property situated in Pataudi (Haryana) - Suit filed in Delhi on the ground that owner of property made oral Will at Delhi - Courts at Delhi have no jurisdiction even if maturity of defendants are..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - At the stage of consideration of the return of plaint Court to read plaint in meaningful manner to find out the real intention behind the suit - Any illusion created by clever drafting of the plaint should be buried then and there - Court can return the plaint if it has no jurisdiction to entertain and try..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 200, 190 -- Dishonour of cheque - Summoning order - Recall of order - Magistrate has no jurisdiction to recall the summoning order - A Magistrate does not have and, thus, cannot exercise any inherent jurisdiction...........
