Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 178(3), 177, 179 -- Dishonour of Cheque - Territorial jurisdiction to file complaint - Held, complainant can choose any one of those courts having jurisdiction over any one of the local areas within the territorial limits of which any one of the following five acts, the components of the..........
Possession -- Local Commissioner's report cannot form sole basis of recording finding regarding possession - Finding regarding possession of either party has to be recorded by Court on the basis of entire material on record and not merely on the basis of report of Local Commissioner...........
Jammu and Kashmir Hindu Marriage Act, 1980, Section 21 - - Filing of petition u/s 21 - Factors spelt out in clauses (i) to (iv) - Held, each factor is independent and mutually exclusive of the other - Even on satisfaction of one of the four factors, parties would be competent to present petition referable to the provisions of the State Act before District Court within the..........
Punjab Town Improvement (Utilisation of Land and Allotment and Plots) Rules, 1983, Rule 6 - - Allotment of plot - `Local displaced person' - Fixation of reserved price - Held, R.6 of 1983 Rules cannot apply to a person, who was claiming an allotment as a `local displaced person' - To him, fixation of reserved price shall be in manner provided under R.5...........
Civil Procedure Code, 1908, Order 26, Rule 10, 11 -- Local Commissioner - Court is not bound to appoint Commissioner on mere asking - It is for Court when it finds necessary to appoint Commissioner for some further investigation or information - A local inspection, whether necessary or not, depends on several facts, factors and circumstances and in absence of anything to..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability - In previous suit filed by defendant No.1/appellant it was held that `B' was owner in possession of plot No.13 and `S' was owner in possession of plot No.12 - Boundaries of these plots were mentioned in the judgment - Boundaries tally with boundaries as mentioned in present suit - Held, findings..........
Constitution of India, 1950, Article 243W, Punjab Municipal Act, 1911, Section 52 -- Constitution of India, 1950, 74th Amendment including Art.243W r/w 12th Schedule - PIL - Municipal Council(s)/Committee(s) - Utilization of fund - Held, Municipal Council(s)/Committee(s) all over State of Punjab shall be free to spend municipal funds as per requirement of local needs in..........
Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 182(2) -- Offence u/s 494 IPC - Jurisdiction - Offence u/s 494 IPC may be inquired into or tried by a Court within whose local jurisdiction the wife by the first marriage has taken up permanent residence after the commission of offence...........
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 4, 6, 365(2) - - Land acquisition under a local Act - Challenge to - Jurisdiction of Civil Court - Held, jurisdiction of civil Court to entertain suit challenging land acquisition under a local Act is barred...........
Indian Penal Code, 1860, Section 498A,323,504,506,354,495, Dowry Prohibition Act, 1961, Section 3,4 -- Ill-treatment and cruelty at matrimonial home - Wife was compelled to go to her parents house - Jurisdiction - Court at a place where consequence has ensued, is competent and has jurisdiction - In the instant case wife was warned to bring the demanded items and then she..........
