Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power u/s 173(8) Cr.P.C. for further investigation has to be exercised by same investigating agency, which has conducted investigation and submitted a report u/s 173(2) Cr.P.C. - Magistrate in exercise of jurisdiction u/s 173(8) Cr.P.C. cannot direct investigation to be conducted by CBI or any other..........
Criminal Procedure Code, 1973, Section 391, 401, 482 -- Additional evidence in revision - Sessions Judge has jurisdiction to take additional evidence in revision...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), 14 -- Complaint u/s 3(1)(x) - Cognizance of offence - Special Court designated for trial of offences u/s 14 of S.C./S.T. Act is a Court of Session and has no jurisdiction to take cognizance as a Court of original jurisdiction - Magistrate is therefore only competent to take..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Dictum of Supreme Court that Court within whose jurisdiction the drawee bank is situated has jurisdiction to entertain the complaint u/s 138 of the Act - Dictum of Bombay High Court that in case of cheque issued at par then the bank in which it was presented and dishonoured will be deemed..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issue - Issue as to maintainability of suit and that suit is barred by Ss.10, 133 of Companies Act - Maintainability of suit and jurisdiction of Civil Court are two separate matters - Court may have decided question of jurisdiction earlier but question regarding maintainability of suit or whether suit is barred by..........
Civil Procedure Code, 1908, Section 115, Order 14, Rule 5 -- Refusal to frame additional issue - Revision against - Held, maintainable - (1) Refusal to frame additional issue amounts to `a case decided' for the purposes of maintainability of revision; (ii) It is not an appealable order; (iii) non framing of additional issue necessarily results in failure to exercise..........
Malicious prosecution -- Damages - Complaint of unauthorised constructed filed before Permanent Lok Adalat - If Permanent Lok Adalat commits any error and steps ahead beyond jurisdiction vested on it by law, responsibility of same cannot be attributed to defendant/complainant who had approached the authority with a view to securing amicable settlement of dispute - No..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order of Court directing defendants to file written statement without deciding application U.O.7.R.11 CPC is contrary to scheme of Code and is a procedural irregularity - No application is necessary for Court to exercise jurisdiction and to conduct scrutiny to ascertain whether plaint discloses cause of..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Rejection of irrelevant or inadmissible document - Court has jurisdiction to reject a document at any stage of suit which it considers irrelevant or otherwise inadmissible, recording grounds of such rejection...........
Agreement to sell -- Specific performance - If a party to a lis does not disclose all material facts truly and fairly but states them in distorted manner and mislead Court, Court has inherent power to exercise its jurisdiction in order to prevent abuse of the process of law...........
