Civil Procedure Code, 1908, Section 9, Family Courts Act, 1984, Section 7 -- Jurisdiction of civil Court - Suit for declaration - Widow of deceased claiming certain rights on share of deceased in business - It is neither a family dispute, nor it is arising out of marital relationship nor parties to dispute connected through marriage - Defendants are totally third parties..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Issues - Trial Court has power to amend issues or to frame additional issues at any time before passing of the decree - Such power cannot be crippled or curtailed through interference under supervisory jurisdiction...........
Civil Procedure Code, 1908, Section 24, Family Courts Act, 1984, Section 7, 8 -- Transfer of case - District Judge has power u/s 24 CPC to transfer a case from Family Court to such other Courts, which is vested with jurisdiction to hear family Court matters - In case, there are no such Courts, Family Court matters can only be transferred out of district, power of which is..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 20, 22, 26, Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 7(2) -- Jurisdiction of Family Court - Application u/s 125 Cr.P.C and Ss.18, 20, 22 of PWDV Act - Family Court has jurisdiction to try application u/s 125 Cr.P.C by virtue of S.7(2) of Family Courts Act - In view of S.26..........
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22 -- Petition u/s 482 Cr.P.C. for quashing of order and consequential proceedings under PWDV Act - Maintainability - Petitioner challenged complaint is without jurisdiction - High Court thus, with its vast inherent powers would be able to entertain..........
Criminal Procedure Code, 1973, Section 378 -- Court once concludes that a case is not maintainable u/s 378 Cr.P.C. it does not have any jurisdiction to make further observation on merits...........
Criminal Procedure Code, 1973, Section 378 -- Issue of jurisdiction involved - Inspite of that Court gave a finding on merits - Such finding cannot be treated as res judicata as it was purely auxiliary or non foundational to the main issue in the earlier order...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Investigation - Power of Superior Courts to transfer the case - Superior Courts have jurisdiction to direct fresh or de novo and reinvestigation by passing definite orders regarding the same - Superior courts are also vested with the power of transferring investigation from one agency..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Affidavit in support of contentions of applicant must not be vague - Vague and general allegation that defendant is about to dispose of property or remove it beyond jurisdiction of Court, unsupported by particulars, would not be sufficient compliance with rule...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Affidavit of Managing partners of plaintiff firm revealed that suit property is only asset of defendant company and company is taking hasty steps to encumber said property - Affidavit does not disclose nature of enquiry made by him or source of his information - In absence of precise averments in..........
