Constitution of India, 1950, Article 136 -- Special Leave Petition (SLP) - Power to grant leave u/art 136 of Constitution itself being discretionary, Court would not allow a party invoking special leave jurisdiction to bypass remedy available at the level of High Court without two situations i.e where substantial question of general importance are involved or where a..........
Prevention of Money Laundering Act, 2002, Section 3 -- Offence u/s 3 of PML Act - Irrespective of where FIR relating to scheduled offence was filed and irrespective of which Court took cognizance of scheduled offence, question of territorial jurisdiction of a special Court to take cognizance of a complaint under PML Act should be decided with reference to places where..........
Family Courts Act, 1984, Section 7(1)(f), Hindu Adoptions and Maintenance Act, 1956, Section 18, Criminal Procedure Code, 1973, Section 125 -- Jurisdiction of Family Court - Conversion of maintenance petition u/s 18 of HAMA Act to S.125 Cr.P.C - Special jurisdiction is conferred on Family Court u/s 7 of Family Courts Act to deal with both the proceedings either u/s 18 of..........
Allahabad High Court Rules,1952 -- Chapter VIII Rule 5 - Intera Court Appeal - Any special appeal under Chapter VIII Rule 5 of Rules, will be maintainable against an order passed by Single Judge in contempt jurisdiction only if he issues any direction or decides any issue touching merits of dispute between parties - However, no such appeal will be available in case any..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 14A, Criminal Procedure Code, 1973, Section 438 -- Application for anticipatory bail in an offence under SC/ST Act - Application can only be filed before Special Court and Exclusive Special Court, as the case may be and not before High Court - High Court thus, neither has..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Mere rejection of Special Leave Petition against same judgment without assigning any reason would not take away jurisdiction of Court to review its own judgment if grounds for exercise of review jurisdiction exist...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Overlapping jurisdiction under different Acts - If maintenance is awarded to wife in a..........
Unlawful Activities (Prevention) Act, 1967, Section 43D(2)(b) -- First Proviso - Extension of time for investigation - Magistrate's jurisdiction to extend time u/s 43-D(2)(b) First Proviso of the Act for all offences under the Act is non-existent, as `the Court' being either a Sessions Court in absence of a notification specifying a Special Court or Special Court itself...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent injunction relating to environment - Jurisdiction of civil Court barred u/s 29 of NGT Act - Once suit was barred by law, civil Court could not have proceeded with suit and at the best parties could have been relegated before NGT, special forum created under NGT Act - Civil Court has..........
Indian Penal Code, 1860, Section 420, 120B, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 420, 120-B, 467, 468, 471, Prevention of Corruption Act, 1988, S.13(1)(d) - Quashing of FIR - Large scale corruption and siphoning of government funds - Land acquisition for the plant of Bhartiya Rail..........
