Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Issuance of notice from Delhi or deposit of cheque in a Delhi bank by the payee or receipt of notice by accused demanding payment in Delhi does not confer jurisdiction upon Courts in Delhi - Jurisdiction lies with Court at place where drawee bank who dishonoured the cheque is situated...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Cheque in question was issued at Karnataka - Cheque presented for collection at Kerala which was dishonoured for insufficiency of funds - Held, mere presentation of cheque for collection at Kerala did not confer jurisdiction to Court at Kerala - Kerala Court rightly returned..........
Criminal Procedure Code, 1973, Section 190(1)(c), 210 -- FIR and private complaint in same offence - Cancellation report submitted by police after investigation - There is no obligation on Magistrate to accept the cancellation report if he does not agree with the opinion formed by police and still he has jurisdiction to take cognizance u/s 190(1)(c) Cr.P.C - In case..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Unilateral act of presentation of cheque anywhere in country or issue of a notice of dishonour from a place chosen by complainant does not by itself confer jurisdiction upon Court from within whose jurisdiction such presentation is made or notice issued...........
Criminal Procedure Code, 1973, Section 156(3), 202(1) -- Private complaint - Accused residing beyond territorial jurisdiction - Magistrate is not bound to conduct an inquiry in terms of S.202 Cr.P.C. in case he is opting to send the complaint for investigation u/s 156(3) Cr.P.C. to the concerned Police Station...........
Service -- Equal pay for equal work - Without examining relevant evidence regarding exact nature of work, working conditions and other relevant factors, it is not possible to come to a conclusion with regard to similarity in the nature of work done by persons belonging to different cadres and normally such exercise should not be carried out by High Court under its writ..........
Indian Penal Code, 1860, Section 376, 323, 451, Criminal Procedure Code, 1973, Section 164A, 482 -- Rape - Change of investigation - Prayer for fair, proper, impartial and expeditious investigation - Superintendent of Police directed to assign investigation to a Gazetted Woman Police Officer, who shall act fairly and impartially in the matter and submit the investigation..........
Negotiable Instruments Act, 1881, Section 138 --- Dishonour of cheque - Jurisdiction - Cheque payable at par - Court at place where cheque is presented and dishonoured has jurisdiction - In the instant case, cheque payable at par, issued of a bank branch at place `A' - Cheque presented and dishonoured at place `K' - Held, Court at place `K' has jurisdiction to entertain..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheque payable at par - Court at place where cheque is presented and dishonoured has jurisdiction - In the instant case, cheque payable at par, issued of a bank branch at place `A' - Cheque presented and dishonoured at place `K' - Held, Court at place `K' has jurisdiction to entertain and..........
Indian Penal Code, 1860, Section 498A, 323, 504 -- Cruelty - Territorial jurisdiction - Accused persons came to parental home of victim and threatened her parents and demanded dowry - When victim was ousted from her matrimonial home, she had no option, but to take shelter at her parental house at Dehradun - Court at Dehradun has territorial jurisdiction to decide the..........
