Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized articles - During pendency of investigation - Seized articles cannot be released by Court u/s 451 Cr.P.C at the stage of investigation - However, u/s 457 Cr.P.C, Court has jurisdiction to give custody of seized property/articles at the stage of investigation when those articles are not produced before..........
Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - Has no adjudicatory power - By allowing the prayer of Public Prosecutor to withdraw prosecution, Lok Adalat has exercised jurisdiction not vested in it - Impugned order quashed...........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Cheating - Civil and criminal proceedings - Quashing of criminal proceedings - Case is purely a business transaction - Allegations as made in complaint itself are not sufficient to constitute a criminal offence - Matter is absolutely of a civil nature and civil suit was already pending - Complainant is misusing..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Plaint can be ordered to be returned when issue of jurisdiction is a pure question of law and not when issue of jurisdiction is a question of fact or mixed question of law and fact which must be decided on merits...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Matrimonial dispute - Plaintiff specifically stated that not only parties to suit reside but cause of action with respect to matrimonial dispute arose as also part of landed property situate within territorial jurisdiction of trial Court - Since a defendant/female is stated to be..........
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...........
Civil Procedure Code, 1908, Section 21 -- Pecuniary jurisdiction - Objection as to - Appellant did not raise objection as to pecuniary jurisdiction of trial Court in first appeal - Even, there is no whisper of averment/contention as to how appellant suffered prejudice on account of lack of Pecuniary jurisdiction if any - Appellant not permitted to raise objection as to..........
Civil Procedure Code, 1908, Section 35 -- Costs - Frivolous litigation - Once basis for which suit was filed was non-existent in favour of plaintiff and prima facie litigation was due to personal dispute, imposition of costs by Court cannot be treated as arbitrary, illegal or perverse or without any jurisdiction...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction of Commercial Court - Pleadings are on record regarding existence of cause of action within territorial jurisdiction of Commercial Court - Court below did not deal with averments in specific and also failed to see documents filed with suit - Order of rejection of plaint set..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Finding of fact recorded by Tehsildar in summary proceedings cannot be interfered with by High Court u/art 226 of Constitution of India...........
