Protection of Children from Sexual Offences Act, 2012, Section 33(1), 28(1) -- Offence under the Act - Bail - Remand - Power of Magistrate - Held, Special Court is empowered to take cognizance of offence on a complaint or police report on facts constituting an offence under the Act - Magistrate has no jurisdiction to entertain and consider application for bail moved by any..........
Criminal Procedure Code, 1973, Section 24(8) -- Appointment of Special Public Prosecutor - Judicial review - Held, jurisdiction of Apex Court to examine correctness and sustainability of order passed u/s.24(8) Cr.P.C. by way of juridical review, cannot be exercised, as if it were an Appellate Authority/Appellate Court - No interference is possible unless such decision..........
Criminal Procedure Code, 1973, Section 451, Rajasthan Motor Vehicles Taxation Act, 1951, Section 17 - - Release of seized vehicle - Jurisdiction of criminal Court - Held, in view of special procedure and form provided in S.17 of the Act, general procedure provided under the provisions of Cr.P.C. and more particularly as provided u/s.451 and 457 CrPC is not applicable -..........
Delhi Special Police Establishment Act, 1946, Section 6, Criminal Procedure Code, 1973, Section 156, 157 -- Taj corridor project - Investigation by CBI - Second FIR - Legality of - Held, in absence of any direction by this Court to lodge an FIR into the matter of alleged disproportionate assets against petitioner, Investigating Officer could not take resort to S.157 of the..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, Constitution of India, 1950, Article 136 -- Special leave to appeal - Review - Doctrine of merger - Held, jurisdiction, conferred by Art.136 of the Constitution, is divisible into two stages - First stage is up to disposal of prayer for special leave to file an appeal - Second stage commences if and when leave to..........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 22(1), 22(3), 22A -- SICA, a special statute - Jurisdiction of Company Court - Held, provisions of the Act of 1985 contained no, obstante clauses - It is a special statute which is a complete code in itself and that jurisdiction of Company Court in such matters would arise only when AAIFR and BIFR have..........
Criminal Procedure Code, 1973, Section 177, 185 -- Jurisdiction of Allahabad High Court - Cases investigated by CBI - Special provision - Under special provisions CBI Court Lucknow has been authorized to try the cases investigated by CBI though all districts which are ordinarily covered under jurisdiction of Allahabad High Court - Held, Allahabad High Court is not..........
Specific Relief Act, 1963, Section 39, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Construction of roof on a public street - Suit for mandatory injunction by neighbour - Plea that jurisdiction of civil court is barred u/s 13 of Punjab Act - Held, suit for mandatory injunction in respect of construction raised by defendant which caused special damage..........
Civil Procedure Code, 1908, Section 9 -- Confer of jurisdiction by agreement - Not permissible - Held, parties can enter into an agreement for enforcement of legal rights and subjecting themselves to obligations but cannot agree to confer jurisdiction by agreement on a Forum or a Tribunal - Parties cannot agree to confer jurisdiction on a Rent Controller by a lease deed in..........
Constitution of India, 1950, Article 136 -- Special jurisdiction - Exercise of - Held, Supreme Court normally does not upset a concurrent finding but there is no such inflexible rule - This is a jurisdiction conferring residual power on this Court to do justice and is to be exercised solely on discretion to be used by this Court to advance cause of justice - This Article..........
