Protection of Women From Domestic Violence Act, 2005, Section 12 -- Applicability of Act - Muslim Wife - Merely because parties being governed by Muslim Personal Law is not an impediment in wife invoking jurisdiction of Court under provisions of PWDV Act - There is no embargo on the Court to confer relief on women who is an `aggrieved person' within scope and meaning of..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 17 -- Jurisdiction of civil Court - Civil suit for partition - Not maintainable when proceedings under SARFAESI Act had been initiated - Remedy against initiating proceedings under SARFAESI Act lies u/s 17 which provides for an efficacious and adequate remedy..........
Criminal Procedure Code, 1973, Section 202, 19(as -- Accused residing outside territorial jurisdiction of Court - Conducting inquiry by Magistrate before issuing process - Amendment in S.202(1) Cr.P.C. by virtue of S.19 of Criminal Procedure (Amendment) Act, 2005, aimed to prevent innocent persons, who are residing outside territorial jurisdiction of Magistrate concerned,..........
Criminal Procedure Code, 1973, Section 202(as, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Effect of amendment on NI Act - Magistrate is not mandatorily required to comply with provisions of S.202(1) Cr.P.C. before issuing summons to accused residing outside territorial jurisdiction of Magistrate concerned...........
Land Acquisition Act, 1894, Section 28A -- Re-determination of compensation u/s 28-A of the Act - It is available only in respect of an "Award" passed by Court under Part III of the Act - Court referred to in S.28-A of the Act, is Court as defined u/s 3(d) of the Act to mean principal civil Court of original jurisdiction - Judgment of appellate Court is not within the..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3, 4, 6 -- Parole - Parole to petitioner rejected on ground that he may abscond - Since, petitioner is facing trial, his guilt can only be established on his conviction by Court of competent jurisdiction and same cannot be pre-judged on mere allegation of charges that have been framed - Moreover, benefit..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 8 -- Claim of juvenility - Claim of juvenility in an appeal - Once legislature provided the forum i.e JJ Board for considering claim of juvenility pending in an appeal, as JJ Board while considering same can get documentary evidence and other material for its consideration before deciding plea of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata is not mere technical doctrine - It is fundamental in our legal system so that there is an end to all litigation, being public policy of Indian law - Exception to doctrine of res judicata is that it cannot impart finality to an erroneous decision on jurisdiction of a Court...........
Anti suit injunction -- It is meant to restrain a party to a suit/proceeding from instituting or prosecuting a case in another court, including a foreign court - Simply put, an anti-suit injunction is a judicial order restraining one party from prosecuting a case in another court outside its jurisdiction - Principles governing grant of injunction are common to that of..........
Anti suit injunction -- Courts in India have power to issue anti-suit injunction to a party over whom it has personal jurisdiction, in an appropriate case - However, before passing order of anti-suit injunction, Courts should be very cautious and careful, and it should be granted sparingly and not as a matter of routine as such orders involve a court impinging on the..........
