Criminal Procedure Code, 1973, Section 179 -- Jurisdiction - Provision of S.179 is an exception to the general rule that ordinarily every offence shall be inquired into and tried by the Court within whose jurisdiction it was committed - S.179 Cr.P.C. provides that when an act is an offence by reason of anything which has been done and any consequence of which has ensued..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Where an issue is already pending adjudication between same parties, in a Court having jurisdiction to adjudicate upon same, a subsequently instituted suit on same issue between same parties, cannot be allowed to proceed...........
Civil Procedure Code, 1908, Section 144, 151 -- Restitution - Erroneous decree - There is no fetter in the inherent jurisdiction of Court to remedy a wrong committed due to an erroneous decree - A serious injury is caused to defendant due to the knocking off its property in an execution sale under a decree which did not reflect the correct amount due - Advantage obtained..........
Criminal Procedure Code, 1973, Section 397, 398, 203, 204 -- Revisional jurisdiction - Offence u/ss 294, 354 & 506 - Revisional court is not competent to pass an order of summoning accused while disposing of revision petition preferred by complainant whose complaint has been dismissed by trial court after recording preliminary evidence and finding that there is no..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 5 -- Impleadment of a person on the basis of Will - Determination of legal representative U.O.22.Rr.3,4 & 5 does not in any way affects the right of any person to get his status as heir/representative or as successor of deceased - Nor it operate as res judicata in any future proceedings - Order of substitution is not an..........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Dismissal of appeal for appellant's default - Appellant contended that lower appellate court has exceeded its jurisdiction in dismissing an appeal on merits in absence of his counsel and appellant - Appellant has not suffered on account of default or non appearing of his counsel neither court was unfair to him infact it was..........
Criminal Procedure Code, 1973, Section 60 -- Escaped prisoner - Police officer when satisfied that the person is an escaped prisoner he can arrest him without warrant and produce him before the magistrate having jurisdiction within that local limit and that magistrate can pass appropriate orders regarding re-transmission of that prisoner to the concerned jail from where he..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - It is only the plaint averments which are to be taken into consideration while deciding an application U.O.7.R.10 CPC and not the defence contained in written statement - If, on assuming the averments made in plaint to be true and correct, Court comes to conclusion that it has no jurisdiction only then..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Jurisdiction - Plaintiff founded his cause of action on the basis of admission on the part of defendant - It is immaterial that plaintiff had in its reply to the notice taken a contrary view - However, the fact that defendant can explain the admission and explain the circumstances so that it is not bound by..........
Criminal Procedure Code, 1973, Section 177, 178 -- Territorial jurisdiction - Normal rule is that offence shall ordinarily be inquired into and tried by Court within whose local jurisdiction it was committed - However, when it is uncertain in which of several local areas an offence was committed or where offence is committed partly in one local area and partly in another..........
