Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Divorce petition - Both the parties are residents of USA - However, husband is claiming to be resident of place at `G' and `G' is the last place of residence of parties - Trial Court thus, has jurisdiction - Even, otherwise if trial Court lacks jurisdiction, said fact cannot be decided in an application..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Merely because one of parties in its pleadings (that too before a Court other than Court where subject suit is pending) alleges that other side deliberately enhanced valuation of suit to ensure that suit comes out of jurisdiction of concerned trial Court, it cannot be overstretched to mean that party making such..........
Limitation Act, 1963, Section 14 -- Exclusion of time u/s 14 of the Act - S.14 of the Act does not extend to a case where Court which possesses jurisdiction erroneously declines to entertain proceeding on a mistaken perception or wrong application of legal principles - In such a situation, remedy available to aggrieved party lies elsewhere by way of a challenge before..........
Limitation Act, 1963, Section 14 -- Exclusion of period of pendency of first execution petition - Both the execution petitions were filed in very same Court - DH concedes that Court in which execution petitions were filed had jurisdiction to entertain petition, but that under an erroneous order it returned earlier one - Therefore, one of essential requirements of..........
Practice and Procedure -- Erroneous order - When a Court which in fact has jurisdiction refuses to entertain proceeding holding that it lacks jurisdiction, it is only an erroneous order...........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Release of seized vehicle - Vehicle involved in NDPS case - There is no prohibition under NDPS Act/Rules 2022 that Special Court constituted under NDPS Act, during pendency of trial, cannot release conveyance seized under NDPS Act on interim custody/Supurdagi -..........
Armed Forces Tribunal Act, 2007, Section 30 -- Appeal - Scope of - Court in appellate jurisdiction u/s 30 of the Act would be slow in interfering with substituted punishment, unless order passed by Tribunal is found to be arbitrary, unreasonable or capricious...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Indian Penal Code, 1860, Section 420, 406, 471, 120B -- Quashing of proceedings - Cheating - Plea as to lack of consent u/s 6 of Delhi Special Police Establishment Act ought to have raised soon after registration of FIR - Once investigation is complete, charge sheet has been filed and Court of competent jurisdiction..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Repetition of prayer for anticipatory bail after rejection by a Bench of co-ordinate jurisdiction after invoking power of review of decision of earlier Division Bench of co-ordinate jurisdiction may lead to a judicial anarchy...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - If by refusal to frame issues a serious prejudice is being caused to plaintiff or defendants then it is always expedient for trial Court to exercise its jurisdiction in framing such issues to facilitate the parties to adduce evidence in the light of pleadings on basis of which issues were framed...........
