Civil Procedure Code, 1908, Section 20, Maharashtra Co-operative Societies Act, 1960, Section 91 -- Summary suit for recovery of dues challenged on various ground - Territorial jurisdiction - Construction of - Investment within jurisdiction of court - Amount also realised in the jurisdiction of court - Corporation having its office in Mumbai - Documents also executed in..........
Civil Procedure Code, 1908, Order 9, Rule 9, 8, Civil Procedure Code, 1908, Order 2, Rule 2 -- Dismissal of suit in default - Subsequent suit on same cause of action is barred - Same cause of action includes a cause of action which could have been included but plaintiff omitted to do so - In other words, a suit which is barred in terms of O.2.R.2 CPC would also be barred..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Same cause of action - Includes cause of action on which plaintiff could have claimed the relief in the previous suit...........
Indian Penal Code, 1860, Section 149, 141 -- Common object is different from common intention - Common object does not require a prior concert and a common meeting of minds before the attack - It is enough if each has the same object in view and their number is five or more and that they act as an assembly to achieve that object - 'Common object' of an assembly is to be..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Need not contain, with exactitude all details of the offences alleged - It is sufficient if it broadly records the incident, as it would be the basis of further investigation and action under the Criminal Procedure Code...........
Criminal Procedure Code, 1973, Section 319 -- Indian Penal Code, 1860, Sections 307 and 504 - Summoning of additional accused - Accused named in F.I.R. but not charge sheeted, could be summoned - The term 'Evidence' as used in Section 319 Cr.P.C. does not mean 'Evidence' complete by cross-examination and court can take action under Section 319 Cr.P.C. even on the statement..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Court can take action even on statement made in examination in chief - Term evidence used in the provision does not mean an evidence on complete cross examination...........
Contempt of Courts Act, 1971, Section 15(1), 15(1)(a), 15(1)(b), 15(1)(c) -- Contempt of Subordinate Court - High Court has power to punish the contemner by initiating action suo motu without consent of Advocate General - However, failure to obtain consent of Advocate General is a circumstance which High Court can take into consideration while examining the matter on..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 6, 14, 15 -- Juvenile - Plea of - Can be raised for the first time in appeal against conviction - If accused is found juvenile and juvenile is not tried in accordance with the provisions of the Act then entire trial gets vitiated being without jurisdiction and authority of law and conviction cannot stand..........
Fatal Accidents Act, 1855, Section 1A, Evidence Act, 1872, Section 41, 42, 43 -- Murder - Suit for compensation - Judgment of acquittal by criminal court is irrelevant in a civil suit based on same cause of action...........
