Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14 -- Bail - Only Special Court or Exclusive Special Court constituted u/s 14 of the Act has jurisdiction to entertain an application for bail with respect to offences committed under the Act...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, 14A -- Bail - Power of Court of Session and High Court in its original criminal jurisdiction to entertain an application u/s 438 or S.439 Cr.P.C. has been impliedly taken away by S.14-A of the Act - Power of High Court in the matter is only appellate jurisdiction as provided u/s 14-A(2)..........
Stamp Act, 1899, Section 47A -- Lease deed - Recovery of maintenance charges - Cannot be initiated u/s 47-A of the Act, as Art.35(c)(ii) Sch.1-B of U.P. Stamp Act does not mention any charge relating to maintenance of property in question - Impugned order of recovery of maintenance charges, held, beyond purview of S.47-A of the Act and are without jurisdiction, therefore,..........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance - Jurisdiction - Wife living separately from her husband - Part of cause of action to claim maintenance arises at such place - Court at such place has territorial jurisdiction to entertain the proceedings...........
Civil Procedure Code, 1908, Section 38, 39 -- Execution - Award of Lok Adalat - Property situated outside jurisdiction of Court - Execution be filed before competent Civil Court - Thereafter D.H. to get the execution petition transferred to the Court within whose jurisdiction the property is situated - In the instant case execution petition filed in the Court within whose..........
Criminal Procedure Code, 1973, Section 482 -- Cognizance - Quashing of order - At the stage at which case was poised for consideration, it was beyond the jurisdiction of High Court to quash the proceedings as the same is in excess of jurisdiction - Order of High Court set aside - Proceedings against accused directed to be continued from the stage where the same was..........
Indian Penal Code, 1860, Section 302, 148, 149, 201 -- Double murder - Appeal against conviction - Supreme Court being last Court of appeal, does not re-visit and re-appreciate the entire oral evidence de novo in its jurisdiction u/art.136 of Constitution, unless there are strong and prima facie reasons to point out that there is apparent legal and jurisdictional error..........
Criminal Procedure Code, 1973, Section 357(3) -- Compensation to victim - Awarding of default sentence to ensure its observance - Jurisdiction of Court - Court is within jurisdiction to add default sentence of imprisonment while awarding compensation u/s 357(3) Cr.P.C...........
Arbitration and Conciliation Act, 1996, Section 4 -- Objection as to jurisdiction - As per evidence no objection was taken with regard to applicability of Rent Act before arbitrator - Objection deemed to be waived as per S.4 of Act...........
Constitution of India, 1950, Article 226, 32 -- Writ - If it is demonstrated that impugned action or inaction vitiated by vitiated of principles of natural justice or being bereft or jurisdiction or violates any statutory provisions or causes breach of fundamental rights, then no, availing of alternate remedy cannot restrain informant or victim to successfully invoke writ..........
