Indian Penal Code, 1860, Section 420, 167, 193 -- Cheating - Quashing of FIR - Grievance of complainant is that his insurance claim was rejected by Insurance company and allegations against petitioner is that even after repeated requests, he did not pass the claim of complainant and changed the investigator and intentionally dismissed the claim - However, Insurance claim..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Court in its order U.O.10 CPC held that plaintiff had failed to disclose any cause of action in Delhi and that it has no territorial jurisdiction - This finding attained finality - Plaint ordered to be returned to the plaintiff...........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - Factual aspects of case need not be gone through by High Court in exercise of its inherent jurisdiction...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 504, 506 -- Quashing of proceedings - Offence u/ss 452, 323, 504, 506 IPC - Prime facie alleged offences is made out against accused - When factual foundation of any offence is laid against accused, Court should not intervene in exercise of its inherent jurisdiction - Summoning of..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - While exercising revisional jurisdiction, Court is only to see procedural error, irregularity and no, appreciating and non application of law - Re-appreciation of evidence is not desirable under revisional jurisdiction...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Challenge to order passed by Consolidation Officer alleged to be fraudulent and collusive - Civil Court has jurisdiction when order passed by authorities under the special law contravenes (a) Principles of natural justice; (b) against the statute; (c) without following the procedural law; (d) issued in..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Rejection by invoking jurisdiction U.O.7.R.11 CPC - Counter claim cannot be rejected on the ground that it is unrelated with the subject matter of title suit - However, Court can direct defendant to prefer independent suit instead of deciding the same alongwith..........
Civil Procedure Code, 1908, Section 34 -- Interest on delayed payment of gratuity - Award of 12% interest - Interest is compensatory in nature - Court is not bound to direct payment of interest restricted at the rate of interest indicated in S.34 CPC - Merely because appeal arises out of a civil suit does not mean that Court cannot go beyond 6% interest - If ceiling is..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 23, Rule 3 -- Ex parte decree - Setting aside - Court while exercising power U.O.9.R.13 CPC is competent to invoke jurisdiction as provided in proviso to O.23.R.3 CPC and examine the validity of compromise...........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Criminal Procedure Code, 1973, Section 177, 178, 179, 180, 181, 182 -- Jurisdiction - Place of trial has to be on basis of commission offence where defalcation has been made and not on basis of place of conspiracy...........
