Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Appointment of a commissioner cannot be made at the threshold...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Revision against - Maintainability - Held, report of Local Commissioner does not finally decide rights of parties - It is for Court, while passing final decree, to decide whether report has to be accepted or not - Revision not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - If five different acts were done in five different localities any one of the Courts exercising jurisdiction in one of the five local areas can become place of trial for offence u/s 138 of the Act - In other words, complainant can choose any one of those Courts having jurisdiction over any..........
East Punjab Urban Rent Restriction Act, 1949 (As extended to the city of Chandigarh), 1974, Section 13B - - Eviction - NRI landlord - Leave to defend - Defence of tenant that power of attorney holder does not have a power to institute case - Held, it is not uncommon that NRI landlord resorts to Court through a local resident Indians to prosecute case and to that extent..........
Civil Procedure Code, 1908, Section 16, Family Courts Act, 1984, Section 7(1) -- Declaratory suit - Place of jurisdiction - Disputed immovable property situated within territorial limits of Family Court, `K' - Principal relief sought for is a decree of declaration of petitioner's right, title and possession of said property - Held, thus, as per S.16 CPC, proceeding which..........
Custom -- Custom is an established practice at variance with the general law - A custom can be general, local, tribal or family custom - A general custom includes a custom common to any considerable class of persons - A custom which is applicable to a locality, tribe, sect or a family is called a special custom. Custom is a rule, which in a particular family, a particular..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by co-operative credit society - Accused issued cheque in question in capacity of Chairman of society - Resignation of accused from post of Chairman subsequent to issuance of cheques - Held, such resignation would not dilute his primary liability to answer as drawer of cheque - Mere public..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for permanent injunction - Dispute with regard to 6 feet wide pathway - Illegal construction in the nature of wall alleged to be made by defendant in the said pathway - The question whether defendant has a right over a six feet wide passage or whether the wall constructed thereon is valid and whether..........
Criminal Trial -- Special law - Application of Cr.P.C. - Held, if some special or local law provides for any special form of procedure then provisions of Cr.P.C. shall not be applicable and procedure prescribed in special/local law will have to be adopted and followed...........
Prevention of Corruption Act, 1988, Section 19, 13(1), 13(2), Indian Penal Code, 1860, Section 419, 420, 465, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Declined on three occasions - Subsequently sanction to prosecute granted by Director, Department of Local Govt. Punjab, who was not even the appointing authority and there was..........
