Criminal Procedure Code, 1973, Section 482 -- Summoning order - Lack of jurisdiction - Summoning order not to be challenged in the higher Court - Instead an application be filed in the trial Court who after hearing both sides and recording evidence, if necessary, decide the question of jurisdiction before proceeding further with the case...........
Guardians and Wards Act, 1890, Section 25 -- Custody of child - Territorial jurisdiction - Court at the place from where minor was removed has the jurisdiction - If a minor child is removed either by stealth or by compulsion and kept at a different place then Court at the place from where the child is removed has jurisdiction...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 13, 17, 18 -- Civil Court - Bar of jurisdiction - Demand notice and possession notice issued - Auction proceedings challenged - Plaintiff availed remedy of appeal and second appeal before Debt Recovery Tribunal - Jurisdiction of civil Court is barred - Suit is..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 13 -- Civil Court - Bar of jurisdiction - Operates even before the measures, as provided u/s 13(4) are taken...........
Punjab Land Revenue Act, 1887, Section 11, 16(1) -- Punjab Land Records Manual, Para 7.29 - Jamabandi - Correction - Jurisdiction of Financial Commissioner - Held, Financial Commissioner has no jurisdiction to order correction in the jamabandi by making resort to administrative power u/s 11 of the Punjab Land Revenue Act - He can order correction of clerical errors in the..........
Industrial Disputes Act, 1947, Section 2(oo), 25 -- Termination - Delayed demand notice - Petitioner/workman failed to prove that he had completed more than 240 days in the 12 preceding months with the respondent/Management from the date of termination - Petitioner - workman had also failed to proved that unfair labour practice was invoked by the respondent/Management to..........
Motor Vehicles Act, 1988, Section 72, Constitution of India, 1950, Article 226, 227 -- Stage carriage permit - Grant of - Primarily a statutory function of RTA - High Court neither empowered to exercise extra ordinary jurisdiction conferred upon it by Articles 226 and 227 of the Constitution nor it can function as appellate authority reappreciating the facts recorded by..........
Consumer Protection Act, 1986, Section 2(1)(f), 14(1)(d), Motor Vehicles Act, 1988, Section 166 -- Motor vehicle - Manufacturing defect - Motor accident - Death of occupants - Compensation - Complaint maintainability - Jurisdiction - Consumer Fora - Merely on the ground of car having broken into two pieces, due to impact of accident, it cannot be presumed that there was..........
Consumer Protection Act, 1986, Section 3, Telegraph Act, 1885, Section 7 -- B - Additional remedy - Arbitration clause - Bar of jurisdiction - Mobile phone dispute - Held that only the disputes pertaining to the telephone line i.e. landline, apparatus and appliances would be covered and the wireless service like the services being rendered by the cell phone companies will..........
Indian Penal Code, 1860, Section 447, 427, Punjab Panchayati Raj Act, 1994, Section 44 -- Criminal trespass - Conviction for - Challenging on ground of lack of jurisdiction of Court of Sub-Divisional Judicial Magistrate - As per Schedule II of the Act, offence u/ss.447 and 427 are cognizable by Gram Panchayat - As per S.45 of the Act, any Magistrate, who takes cognizance..........
