Criminal Procedure Code, 1973, Section 211 -- Charge - Court at that stage exercises a limited jurisdiction to see as to whether a prima facie case is made out - Court at that stage does not delve deep into the matter for the purpose of appreciation of evidence - It would ordinarily not consider as to whether the accused would be able to establish his defence, if any...........
Consumer Protection Act, 1986, Section 17(1)(b), Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay - Order passed by the District Forum found to be totally without jurisdiction and manifestly illegal - State Commission vested with suo motu power to call for records and pass appropriate order - Delay in filing the appeal under the circumstances condoned...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Notice after dishonour of cheque issued from place `H' - Held, Court at place `H' has territorial jurisdiction to entertain and try the lis between the parties...........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - High Court in exercise of its inherent jurisdiction cannot change the IO in the midstream and appoint a agency of its own choice to investigate a crime on whatsoever basis and more particularly on the basis of complaints or anonymous petitions addressed to a named Judge - Such communication cannot be..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Production of document - Permission sought to file on record the evidence or document relating to location of suit house to prove that suit house is located within notified slum area - Held, document touches the jurisdiction of the case - Allowed...........
Punjab Land Revenue Act, 1887, Section 20 -- Partition case filed before Tehsildar - Case decided ex parte against petitioner - Ex parte order confirmed in appeal as well in revision - Petitioner impugned order rendered in appeal as well as in revision by way of writ petition - It was not the case set up by petitioner that procedure as envisaged u/s 20 of the Act for..........
Civil Procedure Code, 1908, Section 151 -- Dispossession during pendency of suit either in violation of order of injunction or otherwise - Court has jurisdiction to restore the parties back to the same position...........
Prevention of Corruption Act, 1988, Section 13(1)(2) -- Illegal gratification - Extension of jurisdiction of a Police Station Mohali to all over the State in respect of offences under Prevention of Corruption Act and another notification that cases within jurisdiction of Mohali Police Station to be tried by the Special Judge at Ropar - Not illegal...........
Arbitration Act, 1940, Section 2(c) -- Award - Filing of - Jurisdiction - In a case where Supreme Court has no control over the proceedings, award must be filed before a Court which has the requisite jurisdiction thereover so as to retain the statutory right of the parties to appeal...........
Constitution of India, 1950, Article 311 -- Doctrine of proportionality - Habitual absentee - Removal from service - If decision of employer is found to be within legal parameters, jurisdiction will not be invoked when misconduct stands proved - Courts will not ordinarily interfere with quantum of punishment imposed upon delinquent employee...........
