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Results of jurisdiction of court

Showing : 261-270 of 4094 Results

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 31 -- Will - Voidable - Jurisdiction of declaring a Will as voidable by virtue of S.31 of the Act is conferred upon civil Court - Consolidation Court cannot travel to the extent of validity of Will, particularly when civil suit challenging Will is already pending between parties...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Framing of additional questions - High Court though had jurisdiction to frame additional questions by taking recourse to S.100(5) Proviso CPC but it was subject to fulfilling three conditions i.e: (i) such questions should arise in appeal; (ii) assign reasons for framing additional questions; and (iii) frame the..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Constitution of India, 1950, Article 227 -- Jurisdiction - Jurisdiction of High Court U.Art.227 of Constitution is to be exercised in exceptional cases vis-a-vis interlocutory orders only when they are ex-facie perverse, vitiated by misdirection in law or otherwise suffer from jurisdictional error of Courts below - Finding of fact at interlocutory stage are ordinarily not..........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Allegation about commission of Domestic Violence is pre-requisite for Magistrate or Court of competent jurisdiction to exercise powers under the Act and grant of any reliefs contemplated under the Act...........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Protection of Women From Domestic Violence Act, 2005, Section 12 -- Applicability of Act - Muslim Wife - Merely because parties being governed by Muslim Personal Law is not an impediment in wife invoking jurisdiction of Court under provisions of PWDV Act - There is no embargo on the Court to confer relief on women who is an `aggrieved person' within scope and meaning of..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 17 -- Jurisdiction of civil Court - Civil suit for partition - Not maintainable when proceedings under SARFAESI Act had been initiated - Remedy against initiating proceedings under SARFAESI Act lies u/s 17 which provides for an efficacious and adequate remedy..........

CALCUTTA HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 202, 19(as -- Accused residing outside territorial jurisdiction of Court - Conducting inquiry by Magistrate before issuing process - Amendment in S.202(1) Cr.P.C. by virtue of S.19 of Criminal Procedure (Amendment) Act, 2005, aimed to prevent innocent persons, who are residing outside territorial jurisdiction of Magistrate concerned,..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Land Acquisition Act, 1894, Section 28A -- Re-determination of compensation u/s 28-A of the Act - It is available only in respect of an "Award" passed by Court under Part III of the Act - Court referred to in S.28-A of the Act, is Court as defined u/s 3(d) of the Act to mean principal civil Court of original jurisdiction - Judgment of appellate Court is not within the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3, 4, 6 -- Parole - Parole to petitioner rejected on ground that he may abscond - Since, petitioner is facing trial, his guilt can only be established on his conviction by Court of competent jurisdiction and same cannot be pre-judged on mere allegation of charges that have been framed - Moreover, benefit..........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Juvenile Justice (Care and Protection of Children) Act, 2015, Section 8 -- Claim of juvenility - Claim of juvenility in an appeal - Once legislature provided the forum i.e JJ Board for considering claim of juvenility pending in an appeal, as JJ Board while considering same can get documentary evidence and other material for its consideration before deciding plea of..........

Showing : 261-270 of 4094 Results