Territorial Jurisdiction--Ouster clause--Agreement between parties that only Courts at Jaipur alone would have jurisdiction--Even though Courts at Calcutta would have jurisdiction but in view of ouster clause it would only the Courts at Jaipur which would have jurisdiction to entertain such proceeding.

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Accident--Owner of vehicle already dead--Vehicle not transferred in the name of his heirs--Insurance renewed in the name deceased owner--Accident took place and driver died--No witnesses examined by insurance company that they were not aware about death of original owner--Compensation rightly granted to wife of deceased driver.

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Cancellation of Bail--Complainant can always question the order granting bail if the said order is not validly passed--It is not as if once a bail is granted by any Court, the only way is to get it cancelled on account of its misuse--Bail order can be tested on merits also--Complainant could question the merits of order granting bail-- Penal Code, 1860, Section 302--Criminal Procedure Code, 1973, Section 439(2).

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Marriage--Nullity of--A Christian married to a Hindu in a temple and subsequently marriage was registered under Section 8 of Hindu Marriage Act--Marriage was a nullity and its registration could not validate the same. Marriage--Conditions for--Usage of expression "may" in the opening line of Section 5of Hindu Marriage Act does not make the provision optional.

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Dishonour of Cheque--Breach of trust--Loan advanced by appellant to respondent--Respondent issued cheques--Loan amount not repaid and cheques presented got bounced--Complaint under Section 138 by appellant against respondent pending--Respondent does not dispute issuance of cheques--Ingredients of section 406 IPC not made out against appellant.

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Dishonor of Cheque--Complaint filed by Govt. Company being represented by public servant--Defacto complainant a public servant--No need to examine complainant under Section 200 Cr.P.C.--Section 200 Proviso (a) will apply.

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Acquittal by High Court--Order of High Court utterly confusing and based on surmises and conjectures--Matter remitted to High Court for fresh hearing.

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Landlord and Tenant--Eviction--Provisional Rent-Arrears of Rent-It is mandatory to assess the provisional rent and without determination of rent no decree of eviction on the ground of arrears of rent can be passed--Rajasthan Premises (Control of Rent and Eviction) Act, 1950, S. 13.

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Civil Procedure Code, 1908, O.39 R.I & R.2 and O.41 R.23--Injunction- Temporary Injunction—Rejection of stay application—Remand of Case- Held; No adequate reason is given in the impugned order for not granting stay; and secondly, the reason given does not in itself justify the rejection having regard to the nature of controversy involved in the writ petition-­ Case remanded to be decided afresh.

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Arbitration Agreement—Arbitration clause has to be interpreted strictly-- the insurance company has completely denied their liability and repudiated the claim of respondents—Therefore, making the arbitration clause ineffective and incapable of being enforced—Reference to arbitration cannot be made—Directed accordingly.

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