Criminal Procedure Code, 1973, Section 313, Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and..........
Criminal Procedure Code, 1973, Section 313, Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11, Specific Relief Act, 1963, Section 20 -- Suit for specific performance of memorandum of understanding - Territorial jurisdiction - No relief for declaration of title to property or for possession of property claimed - Suit for specific performance simpliciter and not suit for land - Held, suit is triable by Calcutta..........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Contract for supply of goods - Recovery of money - Printed Tax-invoices regarding supply of goods contains a note printed on it at the bottom "subject to Agra jurisdiction only" - It is disputed that this condition though printed on invoice was not subject-matter of any agreement between parties - There..........
Specific Relief Act, 1963, Section 20, Civil Procedure Code, 1908, Section 11 -- Agreement to sell - Suit for specific performance against vendor and subsequent purchaser - Plea of subsequent transfer fraudulent - Earlier finding in insolvency petitioner challenging such transaction as fraudulent - Principle of res judicata applies - It cannot be ignored in subsequent..........
Civil Procedure Code, 1908, Section 20 -- Exclusion of jurisdiction of Civil Court - Agreement as to - Enforceability of - Cause of action for filing suit arises not only within the jurisdiction of this Court but also within jurisdiction of New Delhi - Held, if both parties agreed that out of the two Courts which had jurisdiction to entertain the dispute one will be..........
Evidence Act, 1872, Section 73, Criminal Procedure Code, 1973, Section 311A, Constitution of India, 1950, Article 20(3) -- Investigation - Handwriting of accused - Taking of - Police obtained handwriting of accused during investigation - Validity of - Held, S.73 of Evidence Act empowers taking of handwriting sample of any person during trial or inquiry - But it is settled..........
Civil Procedure Code, 1908, Section 89, 16, 20, 21, Order 23, Rule 3 - - Refund of entire court fee - Entitlement - Held, for refund of court fee as provided u/s 16 of the Court Fees Act, 1870, the matter should have been referred to any of the modes of settlement u/s 89 of CPC - If the matter is settled between the parties, otherwise than on a reference u/s 89 of CPC,..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Severance of joint family status - Held, as soon as plaint (Partition suit) was presented by "R", there will be presumption that coparcenary status of the family ceased - Therefore, in the present case, coparcenary status of the family ceased in the year 1989 itself when plaint was presented - Gift deeds were..........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Invoice containing clause 'All disputes subject to Gujarat jurisdiction' - Invoice not signed by defendant - Invoice is unilateral one - Cannot be said that there is an agreement to confer exclusive jurisdiction to Gujarat...........
