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Results of jurisdiction

Showing : 1181-1190 of 6063 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for eviction - Issue raised going to root of matter regarding jurisdiction - Tenant stated a subsequent notification was issued during pendency of suit whereby property came within the ambit of Rent Act, is not to be gone into at the time of deciding application of rejection of plaint - Held, a..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Constitution of India, 1950, Article 226, 227 -- Writ - Certiorari - Revisional jurisdiction exercised by the Secretary to the Government is incompetent - Held, he had no power to pass order, the order lacks jurisdiction and is void ab initio...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Haryana Ceiling on Lands Holdings Act, 1972, Section 3(q), 26 -- Jurisdiction of Civil Court - Relief sought by petitioner was for declaration, being one of the legal heirs of deceased as his mother - Declaration does not amount to settlement/adjudication which is adjudicated by an authority u/s 26 - Held, Question of Person is `legal heir' or not essentially falls within..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Haryana Ceiling on Lands Holdings Act, 1972, Section 3(q), 26 -- Jurisdiction of Civil Court - entitlement to own a `separate unit' is incidental and consequential - Held, civil court has not decided the total area of `separate unit' not it has identified that land to fall within such unit - matter decided in favour of petitioner it totally within the ambit of civil court...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13, 15(5) -- Revision - Ex parte order - Non payment of Rent - Was Tenant duly served in the eviction application? - Held, that there has been proper and elaborate appreciation of evidence on issue by Appellate Authority confirming report of Rent Controller about valid service of petitioner-tenant and there is no scope..........

BOMBAY HIGH COURT

Year of decision: 2015
Details

Criminal Procedure Code, 1973, Section 482 -- Application u/s 482 Cr.P.C. - Scope - Jurisdiction of Court u/s 482 Cr.P.C. is discretionary in nature - It is not that in every case it must be exercised only because some illegality is noticed - Noticed illegality should also be transforming itself into a situation where there is a failure of justice or gross abuse of power..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Income Tax Act, 1961, Section 127 -- Transfer of jurisdiction - Opportunity of hearing - Petitioner took plea that jurisdiction was transferred without service of a show cause notice - Reference in the post decisional representation filed by assessee to a telephone call may give rise to an inference that assessee was aware of a proposal to transfer jurisdiction, but does..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Criminal trial -- Criminal jurisdiction of Court cannot be invoked to settle the dispute purely of civil nature...........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 419, 420, 468, 471, 120B -- Cheating and forgery - Criminal conspiracy - Quashing of summoning order - Dispute purely of civil nature - No allegation in complaint or in evidence of PWs that either of accused has cheated by personation to anyone - Element of dishonesty is lacking in the allegations made in complaint - No forgery appears to..........

KERALA HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Jurisdiction - Dictum of Supreme Court that proceedings will have to continue where it is in case recoding of evidence has commenced as meant u/s 145(2) of the Act - Filing of affidavit of examination-in-chief - Case posted for cross examination of complainant - Held, once affidavit in lieu of..........

Showing : 1181-1190 of 6063 Results