Constitution of India, 1950, Article 32 -- Writ jurisdiction - Decision rendered by Supreme Court, be it at the stage of special leave petition or post grant of leave while exercising jurisdiction u/art 136 of Constitution, cannot be assailed directly or collaterally u/art 32 of Constitution - Remedy of an aggrieved litigant is to file review - If grievance persists even..........
Succession Act, 1925, Section 276 -- Probate - Will - Probate Court is not competent to determine title of property bequeathed - Jurisdiction of a probate Court is limited to determine that Will executed by testator was his last Will - Whether he/she had right to execute the Will with respect to the property is beyond consideration in a probate application...........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Courts refrain from intervening in matters of legislative policy or mandate unless provision in question is: (i) devoid of reasonable justification or basis; (ii) actuated by mala fides or an ulterior motive; (iii) lacking a rational nexus with the object sought to be achieved; or (iv) in violation of..........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Mere possibility or occasional misuse of a legal provision does not render it constitutionally infirm, either procedurally or substantively...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Question of law - Courts are vested with powers to go into question of law, touching upon either limitation or jurisdiction, even if no plea is raised and not in cases, where facts have to be pleaded and evidence has to be let in...........
Family Courts Act, 1984, Section 7, 10(3), Hindu Marriage Act, 1955, Section 13, 26 -- Divorce - Granted subject to payment of Rs.50 lakhs to minor son - Husband is doing agricultural, real-estate and civil contractor and having 20 Acres of agricultural land - Even after that husband did not give any money for maintenance of minor child since the birth of child - Amount of..........
Indian Contract Act, 1872, Section 28 -- Contract - Jurisdiction clause - S.28 of the Act does not bar exclusive jurisdiction clauses - What has been barred is absolute restriction of any party from approaching a legal forum - Right to legal adjudication cannot be taken away from any party through contract but can be relegated to a set of Courts for ease of parties...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Jurisdiction - Contract of employment - Decision to employ taken in Mumbai, appointment letter issued from Mumbai, employment agreement dispatched from Mumbai, decision to terminate the service taken in Mumbai and letters of termination dispatched from Mumbai - Even, clause in the contract has..........
Criminal Procedure Code, 1973, Section 397, 401, 228 -- Revision - Scope of interference and exercise of revisional jurisdiction is extremely limited and should be exercised very sparingly, specifically in instances, where decision under challenge is grossly erroneous, or there is non-compliance of provisions of law, or finding recorded by trial Court is based on no..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration and permanent injunction - Agricultural land - Claimant seeking a declaration of khatedari right is barred from filing a civil suit prior to their khatedari right being declared by a revenue Court when relief sought from civil Court includes determination of khatedari right...........
