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Results of jurisdiction of court

Showing : 611-620 of 4094 Results

KERALA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 34, Interest Act, 1978, Section 3(3)(a)(i) -- Interest - Loan agreement - Stipulation as to interest on periodical rests and their capitalization being incorporated in contract is legitimate and prevalent in banking practice, but that does not affect the jurisdiction of Court to award a lesser rate of interest when it is found that..........

GUJARAT HIGH COURT

Year of decision: 2016
Details

Family Courts Act, 1984, Section 7(1) -- Jurisdiction - Custody of minor - As per s.7(1) Exp.(g), Family Court has jurisdiction to decide a suit or proceeding in relation to guardianship or custody or access to any minor, even if the same is initiated by person other than husband and wife - Hence, Family Court has jurisdiction to decide the suit filed by grand parents,..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 397, Evidence Act, 1872, Section 3 -- Revisional jurisdiction - Re-appreciation of evidence - High Court in revision cannot in absence or error on a point of law, re-appreciate evidence and reverse a finding of law...........

KERALA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 2(2), Order 1, Rule 8 -- Representative suit for possession and mandatory injunction - Suit for declaration that schedule property belongs to trust - No reliefs purely declaratory in nature could have been granted in an ill-constituted appeal and cross objection - Decree as such passed by Trial Court, would only confuse matter relating..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 177, 178 -- Offence u/ss 304-B, 498-A, 34 IPC - Territorial jurisdiction - Suicide was committed at place `A' - Police at place `A' closed the case after inquiry u/s 174 Cr.P.C., as none of family members of deceased raised any suspicion over death of deceased - There is no evidence of..........

KERALA HIGH COURT

Year of decision: 2016
Details

Guardians and Wards Act, 1890, Section 9 -- Custody of child - Jurisdiction - `Ordinarily resides' connotes a regularly settled home and not a place of stay where children are obliged to dwell by force of circumstances or compulsion of parent's employment - It is not the duration of stay that matters but intention of parties - In case of a minor, as he cannot take any..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 107(2), Order 6, Rule 17 -- Amendment of written statement - Appellate court in terms of S.107(2) has same powers as that of Court of original jurisdiction where suit is instituted - Therefore, requirement of law as existed before trial Court can be exercised by lower Appellate Court for procedural compliance - Power of appellate Court..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 9, Arbitration and Conciliation Act, 1996, Section 9 -- Jurisdiction of civil Court - Trust deed - Disputes relating to trust, trustees and beneficiaries arising out of Trust Deed and Trust Act are not capable of being decided by arbitrator though private arbitration despite existence of arbitration agreement to that effect between..........

RAJASTHAN HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 13(4), 17 -- Rejection of plaint - Jurisdiction of civil Court - Dispute raised by the plaintiff in the suit filed is of civil nature which is cognizable by the civil Court of competent jurisdiction -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Constitution of India, 1950, Article 226 -- Writ - Rewari Co-operative Marketing Society - Society is controlled by Registrar Co-operarive Societies, Haryana - Society has its own Rules and Rules are being violated while denying compassionate final assistance to family of deceased-employee - Court has got jurisdiction to issue a writ to quash impugned order and issue writ..........

Showing : 611-620 of 4094 Results