Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Trial Court while condoning delay did not consider veracity of reason offered by prosecutor to condone delay - Trial Court ought to have considered whether reason offered by prosecutor to condoned delay is genuine and reasonable or not - Since impugned order is bereft of any reason, order set aside -..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for recovery of school fee - Appellant an unaided private school filed suit for recovery of money for fee hike against students and their parents - S.22 of Haryana School Education Act ousts jurisdiction of civil Courts only in matters where Government or its officers have been empowered to..........
Education -- Unaided private school - Suit for recovery of school fee - No student or parent approached Committee constituted as per order of Division Bench of High Court nor Committee constituted under Rules - Students/parents by reason of order of Government introducing a cap of 20% on increase of fees in each successive academic year, declined to pay fees as notified..........
Arbitration and Conciliation Act, 1996, Section 20 -- Arbitral proceedings - Seat of arbitration - Parties agreed to submit to exclusive jurisdiction of Mumbai High Court - Though arbitration clause does not use expression seat or venue, jurisdiction is mentioned in the context of resolution of disputes through arbitration - Seat of arbitration therefore, must be taken to..........
Criminal Procedure Code, 1973, Section 193 -- Summoning of person as accused - Court of Session takes cognizance of the case or offence as a whole and therefore is entitled to summon anyone who on the material before it appears to be involved in such offence to stand for trial before it...........
Criminal Procedure Code, 1973, Section 190, 193 -- Cognizance of offence - Summoning of person as offender - Unless the court has taken cognizance of offence, a person merely alleged or suspected to be involved in the commission of such offence, cannot be called upon or compelled to partake in criminal proceedings as it violates the person`s right to dignity and the right..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Any offence - Magistrate is empowered to take cognizance of an offence even if the same is triable exclusively by the court of session...........
Criminal Procedure Code, 1973, Section 193, 319 -- Cognizance of offence by Court of Session - Summoning of person as accused u/S. 193 - It is not proper for Court of Session to wait till the stage u/S. 319 CR.P.C to proceed against the person against whom prima facie case is made out from the material contained in case paper sent by the Magistrate while committing the..........
Criminal Procedure Code, 1973, Section 193 -- Cognizance of offence - Summoning of person as accused - Court of Session has power u/S. 193 Cr.P.C to summon a person as accused to stand trial, even if he has not been charge-sheeted by the police and whose complexity in the crime appears in evidence available on record...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Proceedings u/s 12 of the Act - Jurisdiction of Court - Parties are living in UK and alleged incident of domestic violence took place in London - Wife was not residing in Dehradun permanently or even temporarily at the time of filing complaint - Therefore, Dehradun does not qualify as her "temporary..........
