Showing : 11-20 of 95 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 4, 3-- Jurisdiction of Special Judge - Case against public servants and no, public servants - Where public servant dies midway or during trial or before commencement of trial, special judge would not lose jurisdiction because, Court had exclusive power and jurisdiction when cognizance was taken on..........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Electricity Act, 2003, Section 154, 126-- Return of plaint by civil Court for filing it before Special Tribunal constituted under Electricity Act - Bar of civil suit under Act of 2003 will occur only if there is challenge to assessment procedure u/s 126 of 2003 Act - Hence, ouster of jurisdiction of civil Court is not presumed or inferred..........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 10, Electricity Act, 2003, Section 154-- Return of plaint by civil Court for filing it before Special Tribunal constituted under Electricity Act - Parties giving consent for conferring jurisdiction on Special Court - Consent is not sufficient to confer jurisdiction on Special Court under Act of 2003 to try civil suit...........
KERALA HIGH COURT
Year of decision: 2017
Details
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 Act,..........
KERALA HIGH COURT
Year of decision: 2017
Details
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...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
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..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
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...........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
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..........

Showing : 11-20 of 95 Results