Criminal Procedure Code, 1973, Section 147 -- Scope - Executive Magistrate has jurisdiction to decide the dispute of easementary rights to prevent breach of peace in a proceeding u/s 147 Cr.P.C., but for the limited purpose of making order u/s 147(3) Cr.P.C...........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Exclusion of counter claim - Requirements of exclusion of counter claim are: (i) It should be within pecuniary and territorial jurisdiction of Court wherein suit is instituted; (ii) it must have some nexus with claim raised in the suit/relief sought in the suit; (iii) it must be a relevant one in adjudicating the issue..........
Punjab Panchayat Samitis and Zila Parishads Service Rules, 1965, Rule 4(ii) -- Appointing Authority - Panchayat Simiti, who had authorized the Executive Officer to issue an appointment letter to petitioner - Whereas, there is nothing on record to show that Panchayat Samiti had authorized the Executive Officer to issue order by which petitioner was relived from service -..........
Civil Procedure Code, 1908, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Wherever such facility is available, it ought to be fully utilized and all the High Courts ought to issue appropriate administrative instructions to regulate the use of video conferencing for certain category of cases - Matrimonial cases where one of the parties resides..........
Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Transfer of case - Matrimonial matters - Directions issued: (i) that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever defendants/respondents are located outside the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Recovery of excess amount withdrawn by claimants - Appellant/insurance company no doubt made out a case, since there was liberty granted to appellant to recover the excess amount payable to claimants - However, keeping in view the fact that deceased employee died at the age of 32 years and claimants having..........
Criminal Procedure Code, 1973, Section 482 -- Re-opening of concluded proceedings - Not permissible - Such attitude and conduct should be met with an iron hand by Courts in order to teach a lesson to such persons, who invoke the jurisdiction of Court unnecessarily to harass their opponents...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Suit for declaration of title and proceedings for grant of succession certificate - Both proceedings are different and jurisdiction of Courts is also different - S.10 CPC is not attracted to stay the proceedings initiated for grant of succession certificate...........
Securities and Exchange Board of India Act, 1992, Section 15(T), 11(1) -- Administrative circular - Appeal against - Not maintainable - Appeal is restricted to quasi judicial orders - Administrative orders such as circulars are outside the appellate jurisdiction of the Tribunal...........
Criminal Procedure Code, 1973, Section 177 -- Jurisdiction - Ordinarily offence is to be inquired or tried by Court within whose local jurisdiction it was committed...........
