Constitution of India, 1950, Article 226 -- Writ petition - Writ Court cannot convert itself to an appellate or revisional forum - Scope of writ petition under Article 226 of the Constitution of India is limited and following are exception where writ petition can be entertained: (i) Where writ petition seeks enforcement of any of fundamental rights; (ii) Where there is..........
Civil Procedure Code, 1908, Section 9, Himachal Pradesh Land Revenue Act, 1954, Section 46 -- Jurisdiction of civil Court - Suit related to entries of revenue record - Plaintiff claimed that her name was not incorporated by revenue officials in column of ownership and possession despite acquiring status by way of adverse possession - Such denial to record name of plaintiff..........
Practice and Procedure -- Judge who is hearing the case, can decide to avoid case if necessary - But a litigant cannot dictate to Court to avoid his case by a Judge who is allotted jurisdiction by Chief Justice as per roster...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Civil Court has no power to dispute validity of assignment of lands given by Government...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Offence under SC/ST Act - Judicial Magistrate has no jurisdiction to entertain a petition u/s 156(3) Cr.P.C in so far as it relates to offences under SC/ST Act, either for issuing directions for investigation or for taking cognizance - Exclusive jurisdiction to try offences under SC/ST Act is..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Quashing of proceedings - Proceedings under PWDV Act - Only in cases where there is manifest illegality and blatant irregularity of proceedings, High Court will be justified in exercising jurisdiction u/s 482 Cr.P.C (S.528 BNSS) to unsettle orders..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Status quo order - Violation - Once petitioner has approached Court of competent jurisdiction with regard to grievance raised by him and matter is pending, then even if there are allegations of violation of order of interim injunction, trial Court is fully empowered to consider and decide the same in light of provisions..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Violation of status quo order - Allegation pertaining to violation of order of status quo require determination of fact which cannot be done in summary proceedings u/art 226 of Constitution - Petitioner is relegated to ordinary civil remedy of application U.O.39.R.2-A CPC...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35(3) -- Execution - Decree for specific performance - If defendant has raised any construction after passing of decree or created encumbrances, it is not beyond jurisdiction of Executing Court to issue direction to remove such obstacle and ensure delivery of possession free from all encumbrances...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of Civil Court - Partition suit based on terms of Foreign Court Judgment - Suit is not for enforcement of divorce decree granted by Foreign Court, but is a suit for partition wherein respondent/wife asserts her rights over certain properties on basis of mutual agreement and..........
