Family Courts Act, 1984, Section 7 -- Jurisdiction of Family Court - Suit for declaration as to validity of marriage as also for negative declaration regarding marital status, falls within exclusive jurisdiction of Family Court as per S.7 Explanation (b) of the Act...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of Court is a mixed question of law and fact - Plaint should not ordinarily be rejected on the ground of jurisdiction without framing a distinct issue and taking evidence...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court cannot grant compensation to accused for wrongful confinement in a bail application u/s 439 Cr.P.C, as jurisdiction conferred upon a Court u/s 439 Cr.P.C is limited to grant or refusal of bail pending trial...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Domestic violence - Jurisdiction of Court - Petition under the Act can be filed by aggrieved person where she permanently or temporarily resides - At the time of filing of petition, wife was temporarily posted in Delhi and her permanent residence is her parental home in Delhi - Wife was thus, residing..........
Constitution of India, 1950, Article 226 -- Writ petition - Judicial order based on consent of parties, which is in the teeth of Writ Rules and seeks to unsettle and even override the determination made by Chief Justice, could not have vested jurisdiction in the appellate Court to hear the pending writ petition...........
Constitution of India, 1950, Article 226 -- Writ petition - Any order which a bench comprising of two judges or a single judge may choose to make in a case that is not placed before them by Chief Justice or in accordance with His Lordship's directions, such an order is without jurisdiction, as an adjudication, beyond allocation, is void and such adjudication has to be..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Breach of public peace - Executive Magistrates are expected to invoke their jurisdiction u/s 145 Cr.P.C only in cases where there is apprehension of breach of public peace and tranquility - They should refrain from exceeding their jurisdiction and encroaching upon jurisdiction of Civil Courts...........
Mutation -- On basis of un-probate Will - Mutation cases in the areas inside State of Odisha, those were coming under ex-princely State on basis of un-probated Wills are entertainable by Revenue Authorities and Tahasildars - But, if after initiation of mutation proceedings on basis of un-probated Wills, any dispute either in respect to genuineness of such un-probated..........
Hindu Marriage Act, 1955, Section 25(2) -- Maintenance to wife - Enhancement - Family Court exceeded its jurisdiction by granting Rs.10,000 maintenance when wife had only claimed Rs.7,000 - However, as per S.25(2) of the Act, Court has discretion to increase maintenance based on substantial change in circumstances - This part of order of Family Court can at best be said..........
Constitution of India, 1950, Article 226 -- Writ petition - Writ issued by High Court in exercise of its jurisdiction u/art 226 of Constitution which has not been interfered with by Supreme Court has to be followed in letter and spirit, by all the authorities who are bound by such a writ...........
