Restoration of suit - Normally when the suit reaches the stage of rebuttal evidence or arguments, it should not be dismissed in default. 2014(2) Civil Court Cases 777 (P&H) Jurisdiction # Dishonor of cheque - Jurisdiction - Cheque presented at Srinagar - Bank memo regarding non encashment received at Srinagar - Notice issued at Srinagar - Offence under Section 138 of the act consists of various acts like drawing of cheque, presentation of cheque to the bank, returning of cheque unpaid by drawee bank, giving notice in writing to the drawer of the cheque demanding payment of the cheque amount and failure of the drawl to make payment within 15 days from receipt of notice - Since some of the acts took place in Srinagar, hence, court in Srinagar has jurisdiction to hear and try the complaint. 2011(1) Civil Court Cases 0416 (J&K) Criminal Procedure Code, 1973, S.202(1) - Summoning of accused residing beyond jurisdiction of Court - Before summoning the accused residing beyond jurisdiction Magistrate shall enquire into the case himself or direct investigation to be made by a police officer or by such other person as he thinks fit, for finding out whether or not there was sufficient ground for proceeding against the accused. 2013(4) Criminal Court Cases 846 (Allahabad)
Posted on: Sat, 26 Jul 2014 12:05:23 +0000
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