Civil Procedure Code, 1908, Order 7, Rule 11, 10, Family Courts Act, 1984, Section 7 -- Return of plaint - Petition for appointment of guardian in respect of minor - Filed in District Court - Whereas jurisdiction lies with the Family Court - Petition filed U.O.7.R.11 treated as one U.O.7.R.10 CPC and trial Court directed to return the plaint to submit the same before..........
Criminal Procedure Code, 1973, Section 436, 437 -- Bail - Permission to surrender - When Cr.P.C permits a person accused of an offence to surrender before Court having jurisdiction over the subject matter, it cannot refuse permission...........
Workmen's Compensation Act, 1923, Section 20, 3 -- Jurisdiction of Court - Claim petition was lodged before Deputy Labour Commissioner - However, claim was not contested - Thus, claim lodged by claimants seeking compensation would not partake the character of a contested claim as stipulated under notification issued by appropriate Government u/s 20(1), (2) of the Act -..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - High Court while passing the discharge order did not even referred to the evidence collected by Investigating Agency produced alongwith charge sheet in its entirety - Rather there is selective reference to the statements of some of the persons recorded during investigation - It shows that there was total non..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Respondent purchased the land after issuance of notification u/s 4 of Land Acquisition Act - He will have no right to invoke jurisdiction of High Court to claim that acquisition in question had lapsed in..........
Custody of child -- Claimed by father - Writ of habeas Corpus - Mother had taken child from USA to her native place in India after relations between spouse became strained - Child was only 1 and 1/3rd years age at that time - It cannot be said that child was segregated from social customs prevalent in USA to which he has been accustomed - There is no consent order with..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Court while exercising revisional jurisdiction only interfere if there is any illegality or infirmity apparent on the face of judgment/order passed by Courts below or the same are perverse - Merely because another view in the matter is possible, same cannot be made a basis for interference in impugned judgment...........
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..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - New plea raising a pure question of law can be raised at any stage and a plea relating to jurisdiction of Court can also be raised at any stage - Therefore same can be raised at the stage of entertaining application u/s 482 Cr.P.C...........
Arbitration and Conciliation Act, 1996, Section 11(6), (6A) -- Appointment of arbitrator - Pre-referral jurisdiction of Courts u/s 11(6) of the Act is very narrow and inheres two inquiries i.e. : (i) primary inquiry is about existence and validity of an arbitration agreement, which also includes an inquiry as to parties to agreement and applicant's privity to said..........
