Unlawful Activities (Prevention) Act, 1967, Section 43D(2), Criminal Procedure Code, 1973, Section 167(2) -- Remand - Court u/s 43-D(2) Proviso of the UAPA has been given power to extend and authorize detention of accused beyond a period of 90 days as provided u/s 167(2) Cr.P.C - Jurisdictional Magistrate would also be clothed with jurisdiction to deal with remand of..........
Criminal Procedure Code, 1973, Section 156(3), 482 -- Petition u/s 482 Cr.P.C. seeking direction to respondent Nos.1 to 3 for registration of FIR - Held, (i) In the first instance complainant to approach Illaqa Magistrate for issuance of direction for registration of FIR, monitoring of investigation in FIR as also other prayers of akin nature; (ii) An Illaqa/Jurisdictional..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 63 -- Confiscation - Jurisdiction of Special Court - Confiscation proceedings initiated and conducted by Special Court as established under the Act - It is Special Court which decides the liability of an article, thing or vehicle to confiscation and such decision is taken by Special Court after conviction,..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 63 -- Release of seized vehicle - Vehicle involved in NDPS case - Jurisdiction of Special Court - During pendency of trial and confiscation proceedings, Special Court is empowered to release an article, thing or vehicle to interim custody of the rightful owner..........
Constitution of India, 1950, Article 136 -- Special Leave Petition (SLP) - Power to grant leave u/art 136 of Constitution itself being discretionary, Court would not allow a party invoking special leave jurisdiction to bypass remedy available at the level of High Court without two situations i.e where substantial question of general importance are involved or where a..........
Prevention of Money Laundering Act, 2002, Section 3 -- Offence u/s 3 of PML Act - Irrespective of where FIR relating to scheduled offence was filed and irrespective of which Court took cognizance of scheduled offence, question of territorial jurisdiction of a special Court to take cognizance of a complaint under PML Act should be decided with reference to places where..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 4(2)(e), Criminal Procedure Code, 1973, Section 156(3) -- Jurisdiction - According to the provisions of the Act and the Code, the Exclusive Special Court or the Special Court, has the power to take cognizance of offences under the Act directly and can exercise the powers of a Court of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 4(2)(e), Criminal Procedure Code, 1973, Section 156(3) -- Jurisdiction - According to the provisions of the Act and the Code, the Exclusive Special Court or the Special Court, has the power to take cognizance of offences under the Act directly and can exercise the powers of a Court of..........
Family Courts Act, 1984, Section 7(1)(f), Hindu Adoptions and Maintenance Act, 1956, Section 18, Criminal Procedure Code, 1973, Section 125 -- Jurisdiction of Family Court - Conversion of maintenance petition u/s 18 of HAMA Act to S.125 Cr.P.C - Special jurisdiction is conferred on Family Court u/s 7 of Family Courts Act to deal with both the proceedings either u/s 18 of..........
Allahabad High Court Rules,1952 -- Chapter VIII Rule 5 - Intera Court Appeal - Any special appeal under Chapter VIII Rule 5 of Rules, will be maintainable against an order passed by Single Judge in contempt jurisdiction only if he issues any direction or decides any issue touching merits of dispute between parties - However, no such appeal will be available in case any..........
