Jammu and Kashmir Criminal Procedure Code, 1860, Section 482 -- Quashing of proceedings - Pretrial stage - Power u/s 482 Cr.P.C. should not be used in routine manner at pretrial stage - It has to be used sparingly only in appropriate cases where it manifestly appears that there is legal bar against institution or continuance of proceedings or where allegations made in FIR..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23, Criminal Procedure Code, 1973, Section 468 -- Domestic Violence - Application u/Ss. 12, 23 of DV Act - Applicability of S.468 Cr.P.C - Bar of limitation provided u/s 468 Cr.P.C does not apply to complaint/application u/Ss. 12, 13 of DV Act...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Bar of jurisdiction of civil Court - Suit for permanent injunction of agricultural land not maintainable before Civil Court - Trial Court directed to return the suit U.O.7.R.10 CPC...........
Criminal Procedure Code, 1973, Section 133, 138(2) -- Order passed u/ss 133, 138(2) Cr.P.C - Writ petition - Maintainability - Generally, an alternative revision mechanism is available against an order u/s 133 Cr.P.C passed by Magistrate - However, it does not create an absolute bar in invoking writ jurisdiction of High Court u/art 226 of Constitution...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit for cancellation of preliminary and final decree passed by Assistant Collector - Plaintiffs had a remedy to challenge said decree before Revenue Appellate Authority - However, instead of filing a appeal, they filed a suit regarding revenue land before civil Court -..........
Electricity Act, 2003, Section 145 -- Jurisdiction of civil Court - Civil Court has no jurisdiction in entertaining disputes under the Act in view of bar u/s 145 of the Act - However, jurisdiction of writ with regard to determining validity of passing of impugned order can be availed...........
Advocates Act, 1961, Section 24(1)(f) -- Advocate - Enrollment fee - State Bar Council or Bar Council of India shall not collect any fees of any amount as optional...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Agricultural land - Issue raised in plaint pertains to sale deed being voidable - Civil Court thus, had jurisdiction to try suit and bar created by S.207 of Rajasthan Tenancy Act had no application - Application rightly rejected...........
Stamp Act, 1899, Section 35 -- Unstamped instrument - If unstamped instrument is admitted even for collateral purpose, it would amount to receiving such document in evidence for a purpose which is prohibited u/s 35 of the Act - Bar against admissibility of instrument which is chargeable with stamp duty and is not stamped is of course absolute whatever be the nature of..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- (As amended) - Offence u/s 6 of the Act - Offence was committed on 20.05.2019, prior to amended S.6 of the Act - Imposition of enhanced sentence as per amended S.6 of the Act is clearly violative of bar contained in Art.20(1) of Constitution...........
