Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Cheque presented and dishonoured at place `B' where complainant undisputedly resides - Held, Court at place `B' has jurisdiction...........
Indian Penal Code, 1860, Section 420, Punjab Panchayat Raj Act, 1994, Section 4(2), 5, 44, 51, 71, 77 -- Embezzlement to the tune of 30 lakhs on the pretext of sending son of complainant to America for permanent job - Jurisdiction of Panchayat to try the offence - Held, (i) There is no bar for investigating any offence by the police including the offences mentioned in the..........
Indian Penal Code, 1860, Section 420, Punjab Panchayat Raj Act, 1994, Section 4(2), 5, 44, 51, 71, 77 -- Embezzlement to the tune of 30 lakhs on the pretext of sending son of complainant to America for permanent job - Jurisdiction of Panchayat to try the offence - Offence of serious nature as appellant has duped Rs.30 lakhs from the complainant, offence should be tried by..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - Can be exercised when there is no remedy provided in the Code of Criminal procedure for redressal of the grievance - It is well settled that inherent power of the Court can ordinarily be exercised when there is no express provision in the Code under which order impugned can be challenged...........
Criminal Procedure Code, 1973, Section 397, 399, 401 -- Revision - High Court can call for the records of any criminal court and examine the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceeding of such inferior Court - However, sub-section (2) of S.397 puts a restriction on exercise of such..........
Punjab Wakf Act, 1995, Section 83(9) -- Wakf property - Contention that in case of suit filed by Wakf Board for possession on basis of lease deed, Wakf Tribunal constituted under the Act has no jurisdiction to try suit - Held, since suit has been filed on basis of unauthorized and illegal possession of defendant and not on basis of lease, therefore, contention liable to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Complaint - Enquiry - Petitioners reside beyond territorial jurisdiction of Magistrate - Complaint never posted for enquiry - Held, there has been an infraction of mandatory provision of sub-s.(1) of S.202 Cr.P.C. - Such infraction vitiates order taking..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the instance of defendant - Court has jurisdiction to grant an interim order of injunction, at the instance of defendant, without a counter claim sought for in the written statement...........
Protection of Children from Sexual Offences Act, 2012, Section 33(1), 28(1) -- Offence under the Act - Bail - Remand - Power of Magistrate - Held, Special Court is empowered to take cognizance of offence on a complaint or police report on facts constituting an offence under the Act - Magistrate has no jurisdiction to entertain and consider application for bail moved by any..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 177 -- Jurisdiction - Demand of dowry made twice at place `K' - Held, Court at place `K' has jurisdiction to try the case...........
