Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Time barred debt - It is a mixed question of law and fact - Not to be decided by High Court while exercising jurisdiction u/s 482 Cr.P.C. - Impugned order quashing proceedings set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief - Jurisdiction of Court - If at this stage Court is of the opinion that suit is barred by law or is otherwise not maintainable, it cannot dismiss it without framing a preliminary issue after written statement is filed but interim relief can be refused - However, in case of extraordinary situation Court may..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Barred by S.257 of Chhattisgarh Land Revenue Code - Question whether purchase by a tribal was a sham and nominal transaction for benefit of a non-tribal, may not fall exclusively within jurisdiction of authorities - Civil suit for declaration of title is not barred...........
Criminal Procedure Code, 1973, Section 97, 362 -- Second application u/s 97 Cr.P.C - Barred by Res judicata - Wrongful confinement of child by father - Dispute between mother and father regarding custody of minor child which was forcibly taken by father - Whether such allegations are correct or not would depend on facts and circumstances of case, but if allegations..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Electricity Act, 2003, Section 145 -- Rejection of plaint - Bar of Civil Court Jurisdiction - Restraining erection and installation of electric tower for supplying electricity - Jurisdiction of Civil Court is barred - Plaint rejected...........
Indian Penal Code, 1860, Section 294, 506, Criminal Procedure Code, 1973, Section 468 -- Offence u/ss 294, 506 IPC - Cognizance of offence - Limitation - Incident occurred on 18 Feb 2010 - Complaint filed on 9 Mar 2010 well within the period specified and hence not barred u/s 468 Cr.P.C even though order of cognizance was passed on 5 Jan 2011 - Offences is to be reported..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit instituted before Revenue Authority dismissed on objection that it has no jurisdiction - Suit filed in civil Court - Objection that civil court has no jurisdiction - Such a ground is not available to defendant when their plea that Revenue Authority is having no jurisdiction was..........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Land Revenue Act, 1887, Section 158 -- Rejection of plaint - Dismissal of application - Suit for declaration of title - Jurisdiction of civil Court - Title can only be decided by a Civil Court - Trial Court justified in concluding that jurisdiction of civil Court was not barred - Moreover, plea of limitation would be a..........
Civil Procedure Code, 1908, Section 9, Haryana Urban (Control of Rent and Eviction) Act, 1973 -- Jurisdiction of civil Court - Suit for possession - Lease - After expiry of lease term of the lease deed, tenant becomes a statutory tenant - Such a tenant can be evicted under the provisions of 1973 Act as jurisdiction of Civil Court is impliedly barred...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Lack of pecuniary jurisdiction cannot be interpreted as bar of law - No case that relief claimed by plaintiffs is under valued or insufficiently stamped - Trial Court has jurisdiction to try case - Plaint not liable to be rejected...........
