Civil Procedure Code, 1908, Section 19, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit for compensation for wrong done - Mere injury or wrong done without anything more would not suffice to sustain claim of compensation - Wrong done takes both the act and effect - In the instant case, death of daughter of plaintiff happened in Delhi but its..........
Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Objection as to - Issue of territorial jurisdiction of Court was not raised at the earliest possible opportunity - Objection filed at the stage when suit was posted for evidence of plaintiff - No case that non-consideration of issue of territorial jurisdiction would result in failure of jurisdiction as..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Jurisdiction of Court - Recovery suit on the basis of dishonoured cheque - Cheque presented in Bank at place `C' and dishonoured - Dishonor of cheques at place `C' which is a part of the cause of action for plaintiff's suit would bring the suit within territorial jurisdiction of Court at place `C' - Order of..........
Civil Procedure Code, 1908, Section 21 -- Suit for recovery on the basis of dishonoured cheque - Jurisdiction - Cheque was presented and dishonoured within the jurisdiction of trial Court, as such trial Court had territorial jurisdiction to entertain the suit...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Joint application U.O.7.Rr.10 & 11 CPC - As far as prayer concerning application U.O.7.R.10 CPC is concerned, the same not considered by trial Court - Matter remanded to trial Court to consider and decide the issue of territorial jurisdiction of Court...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Local Commissioner - To report about existing state of affairs at the spot - Report by Local Commissioner would in fact help in effective adjudication of the issue and would not cause any prejudice to either side - Nothing on record to suggest that appointment of local Commissioner would result in..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction of Court - Complaint was filed at the place where cheque was presented in the branch falling within jurisdiction of Court - However, same was retuned in view of unamended provision of S.142 of the Act - Amendment in S.142 of the Act has retrospective effect - Complaint..........
Prevention of Money Laundering Act, 2002, Section 3 -- Offence u/s 3 of PML Act - Irrespective of where FIR relating to scheduled offence was filed and irrespective of which Court took cognizance of scheduled offence, question of territorial jurisdiction of a special Court to take cognizance of a complaint under PML Act should be decided with reference to places where..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Matrimonial dispute - Plaintiff specifically stated that not only parties to suit reside but cause of action with respect to matrimonial dispute arose as also part of landed property situate within territorial jurisdiction of trial Court - Since a defendant/female is stated to be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction of Commercial Court - Pleadings are on record regarding existence of cause of action within territorial jurisdiction of Commercial Court - Court below did not deal with averments in specific and also failed to see documents filed with suit - Order of rejection of plaint set..........
