Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court in exercise of its inherent jurisdiction u/s 482 Cr.P.C, is not expected to meticulously analyse facts and evidence, as it is within domain of trial Court...........
Civil Procedure Code, 1908, Section 39(3) -- Transfer of execution petition - Execution proceedings transferred from Pune to Nalagarh on the ground that suit property is situated within territorial limits of Court at Nalagarh - However, Court at Nalagarh was not having pecuniary jurisdiction to try the suit, same obviously not having jurisdiction of executing decree so..........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Magistrate while exercising jurisdiction u/s 125 Cr.P.C. cannot exercise jurisdiction u/s 20(3) of Act of 1956...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed - Agricultural land - Issue as raised in plaint pertains to sale deed being voidable - Civil Court has jurisdiction to try said suit - Bar created by S.207 of Rajasthan Tenancy Act had no application - Application rejected...........
Drugs and Cosmetics Act, 1940, Section 32, Criminal Procedure Code, 1973, Section 154, 178, 179, 180, 181, 182, 183, 184, 185 -- FIR - If information is as to cognizable offences under Chapter IV, Police officer is obliged to register FIR - But, has no jurisdiction to investigate offence - He is duty bound to refer complainant to concerned Drugs Inspector...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - All conditions are satisfied for initiation of proceedings u/s 138 of the Act and it cannot be said that complaint filed is barred by limitation - Even, it is apparent from material on record a prima facie case is made out against..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Existence of substantial question of law is sine quo non for exercise of jurisdiction u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - In second appeal, jurisdiction of High Court is confined to substantial question of law - Finding of fact is not open to challenge in second appeal, even if appreciation of evidence is palpably erroneous and finding of fact is incorrect...........
Criminal Procedure Code, 1973, Section 154, 177, 178 -- FIR - Registration of FIR is mandated when information of cognizable offence is received - At the stage of investigation, it cannot be said that concerned police station does not have territorial jurisdiction to investigate the case...........
Criminal Procedure Code, 1973, Section 181(4) -- Territorial jurisdiction - Criminal Breach of trust and Misappropriation of money - Allegation relating to criminal Breach of trust and Misappropriation of money which were to be eventually accounted for in Patna (where complainant resides) could prima facie indicate lawful jurisdiction of Patna police - Exercise of..........
