Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction of Court - Court where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty, would have jurisdiction to entertain complaint alleging commission of offence u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction of Court - Sending SMS to different girls for marriage proposal by husband prima facie disclose mental torture upon wife and thereby such mental torture can be well said to have taken place at the parental house where wife is residing - SDJM..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Cheque presented and dishonoured at place `B' - Compliant filed at place `T' - Offence u/s 138 of the Act can be tried by Court within whose jurisdiction the branch of the bank where payee maintains the account is situated, if cheque is delivered through an account - Cognizance taken..........
Civil Procedure Code, 1908, Section 17 -- Jurisdiction of Court - S.17 gives a choice to plaintiff to choose territorial jurisdiction of a Court, if different Courts have jurisdiction...........
Civil Procedure Code, 1908, Section 17 -- Jurisdiction of Court - Four immovable properties situated within jurisdiction of different Courts - Plaintiff has choice to institute suit at any of the four Courts, subject to the pecuniary jurisdiction of that Court i.e. the Court should have pecuniary jurisdiction over the value of the suit by considering the aggregate value of..........
Motor Vehicles Act, 1988, Section 166 -- Road Accident - Delay in disposal of claim cases - Directions issued: (i) On receiving the intimation regarding road accident by use of a motor vehicle at public place, SHO concerned shall take steps as per S.159 of the M.V. Amendment Act; (ii) After registering the FIR, I.O shall take recourse as specified in the M.V. Amendment..........
Civil Procedure Code, 1908, Section 47, Commercial Courts Act, 2015, Section 15 -- Execution - Objection regarding territorial jurisdiction of Court - Petitioner contended that in view of S.15(2) of Commercial Court Act, execution application was not maintainable before civil Court and it ought to have filed before Commercial Court - However, said plea was neither raised..........
Arbitration and Conciliation Act, 1996, Section 11(6), 42 -- Appointment of arbitrator - Territorial jurisdiction - Mere fact that appointment of an arbitrator is not opposed by appellants that itself will not confer jurisdiction upon High Court if otherwise, High Court had no jurisdiction...........
Arbitration and Conciliation Act, 1996, Section 11(6), 42 -- Appointment of arbitrator - Territorial jurisdiction - Respondent before filing an application u/s 11(6) of the Act moved an application u/s 9 of the Act before Court at Visakhapatnam - In that view of matter considering S.42 of the Act, High Court of AP alone would have jurisdiction to decide subsequent..........
Civil Procedure Code, 1908, Section 25 -- Transfer petition - Plea of territorial jurisdiction or lack thereof cannot be entertained by Supreme Court while exercising its jurisdiction u/s 25 CPC...........
