Civil Procedure Code, 1908, Section 34, Order 7, Rule 10 -- Return of plaint for presentation in Court of competent jurisdiction - Representation of plaint - Plaint is to be considered as a fresh plaint and trial is to be conducted no novo even if it stood concluded before the Court having no competence to try the same - Interest cannot be granted from date of institution..........
Constitution of India, 1950, Article 142, 309, Karnataka Judicial Services (Recruitment) Rules, 1983, Rule 3(2) -- Extension of term of Special Judge - Held, it is a matter within jurisdiction of state in accordance with relevant law - When statute provides for a particular procedure, authority has to follow same and cannot be permitted to act in contravention of same -..........
Consumer Protection Act, 1986, Section 21 -- National Commission - Revisional jurisdiction - Revisional power can be exercised by National Commission only if there is some prima facie jurisdictional error appearing the impugned order - Only then the same can be set aside...........
Constitution of India, 1950, Article 226 -- Jurisdiction under Article 226 is extraordinary which is to be exercised keeping in mind the principles of equity - One of the ends of equity is to promote honesty and fair play - If a person has taken an undue advantage the court in its extraordinary jurisdiction would be within its domain to deny the discretionary relief...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Court within whose jurisdiction cheque was presented for encashment has jurisdiction to entertain the complaint filed u/s 138 of the Act...........
National Investigation Agency Act, 2008, Section 13, 14, 19, 21, Criminal Procedure Code, 1973, Section 439, 482 -- Bail - Jurisdiction of Special Court - Offences triable only by Special Court - Application for bail - Held, application is maintainable before Special Court and not before High Court u/s.439 or u/s.482 Cr.P.C...........
Civil Procedure Code, 1908, Order 15, Rule 5(As - - Several defaults in depositing monthly rent - Trial Court struck off the defence - Order upheld by District Judge but set aside by High Court - Order of trial Court and appellate Court not perverse - Both the Court below did not exceed their jurisdiction - Held, it was not open to High Court to sit in appeal under Art.227..........
Criminal Procedure Code, 1973, Section 401 -- Acquittal - Revision against - Powers of High Court - Held, revisional jurisdiction of High Courts while examining an order of acquittal is extremely narrow and ought to be exercised only in cases where trial Court had committed a manifest error of law or procedure or had overlooked and ignored relevant and material evidence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Complaint can be filed at a place where at least one act out of five ingredients of the offence is committed: (a) drawing of cheque; (b) presentation of the cheque to the bank; (c) returning the cheque unpaid by the drawee bank; (d) giving notice in writing to the drawer of the cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheque presented to UCO Bank at `S', in which complainant had an account - Held, Court at place `S' has jurisdiction to entertain and try the complaint...........
