Criminal Procedure Code, 1973, Section 451, 482 -- Offence u/ss 41, 52, 52-A of Indian Forest Act and Ss.27, 29, 39(1)(d), 51, 52 of Wildlife Protection Act - Release of seized vehicle - Dismissal of application by Magistrate and Session Judge - Application u/s 482 Cr.P.C allowed - As per the provisions of Forest Act and Wildlife Protection Act it is the Authorised Officer..........
Indian Contract Act, 1872, Section 28, Copyright Act, 1957, Section 62 -- Agreement conferring exclusive jurisdiction - Not in violation of S.28 of Contract Act and S.62 of Copyright Act, particularly when such an agreement is clear and unambiguous and intention of parties to submit one Court having jurisdiction to adjudicate the subject matter while excluding jurisdiction..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(b), Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Civil suit for declaration challenging legality of order passed by Prescribed Authority under 1972 Act is clearly barred by S.26(b) of 1972 Act - Remedy of plaintiffs in such case lies in filing appeal/revision u/s 18 of the Act...........
Guardians and Wards Act, 1890, Section 9(1), 25 - - Jurisdiction of Court - Custody of minor children - Children were not ordinary residents of India as envisaged u/s 9(1) of the Act, as they are citizens of USA - Application for custody of minor children filed before Family Court (Hyderabad) is rightly rej ected by High Court in exercise of power U.O.7.R.11 CPC - Mother..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(b), Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Civil suit for declaration challenging legality of order passed by Prescribed Authority under 1972 Act is clearly barred by S.26(b) of 1972 Act - Remedy of plaintiffs in such case lies in filing appeal/revision u/s 18 of the Act...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Jurisdiction of High Court in second appeal is not available to correct errors of law or erroneous findings recorded by first appellate Court vis-a-vis questions of law, unless such question of law be a substantial one...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Jurisdiction of High Court while deciding second appeal is strictly confined to case involving substantial question of law and it is not permissible for High Court to re-appreciate evidence on record and interfere with findings recorded by Courts below and/or First Appellate Court and if First Appellate Court has..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Where State behaves arbitrarily, even in realm of contract, High Court can interfere u/art. 226 of Constitution...........
Specific Relief Act, 1963, Section 34, 37 -- Suit for declaration, damages and injunction filed in High Court on its original side - Leave to file suit granted - Revocation of leave sought on the ground that High Court at Calcutta has no territorial jurisdiction - Revocation of leave - Such question cannot be considered on the basis of application without filing written..........
Civil Procedure Code, 1908, Section 24 -- Transfer of Case from subordinate Court of High Court to subordinate Court of another High Court - High Court cannot exercise jurisdiction to pass orders transferring a case pending before Court subordinate to it, to another Court which is subordinate to a different High Court, as High Court exercises jurisdiction limited to..........
