Family Courts Act, 1984, Section 18, Civil Procedure Code, 1908, Section 44A -- Execution - Foreign judgment - Family Court has no jurisdiction to entertain execution petition in relation to execution of foreign judgment, as foreign judgment has to be executed only before District Court - Though Family Court has been given special jurisdiction in terms of Family Courts..........
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...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Law as to : (i) Concurrent and co-extensive jurisdiction conferred both upon High Court and Court of Session to cancel bail already granted to an accused; (ii) Aggrieved person can approach High Court for cancellation of bail already granted to an accused despite his application for the same relief..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Sanction u/s 197 Cr.P.C. or sanction mandated under a special statute (as postulated u/s 19 of Prevention of Corruption Act) is a necessary pre-requisite, before a Court of competent jurisdiction takes cognizance of an offence (whether under the IPC or under the concerned special statutory enactment)..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Sanction u/s 197 Cr.P.C. or sanction mandated under a special statute (as postulated u/s 19 of Prevention of Corruption Act) is a necessary pre-requisite, before a Court of competent jurisdiction takes cognizance of an offence (whether under the IPC or under the concerned special statutory enactment)..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), 14 -- Offence u/s 3(1)(x) of the Act - Special Court constituted u/s 14 of the Act alone has power to take cognizance of offence under SC/ST Act - Magistrate has absolutely no jurisdiction to entertain and take cognizance of offence u/s 3(1)(x) of the Act...........
Prevention of Corruption Act, 1988, Section 5, 7 -- Jurisdiction of Special Court - Special Court hearing matter of 2G spectrum allocations case has authority to try offences under corruption law as well as non-corruption laws...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Dispute relating to Wakf property - Matter falls within ambit of Wakf Act and only Wakf Tribunal has jurisdiction to dispose of the dispute - Civil Court has no jurisdiction to decide the same - When special remedy is provided in a special statute then recourse cannot be..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for investigation - Offence under Prevention of Corruption Act - Special Judge has power to pass order u/s 156(3) Cr.P.C. as a Court of original criminal jurisdiction and this power is not restrained or specifically denied by any statue - Moreover, complaint was pertaining to offences under P.C. Act and the only..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Bail - Special Court has been singularly vested with all powers to try an offence under POCSO Act and to entertain and consider application for bail filed by accused and to deal with any incidental matter thereto including the power of detention and remand of accused -..........
