Abuse of process of Court -- (1998) 3 SCC 573 referred wherein held : A proceeding being filed for a collateral purpose, or a spurious claim being made in litigation may also in a given set of facts amount to an abuse of process of Court - Frivolous or vexatious proceedings may also amount to an abuse of the process of Court especially where the proceedings are absolutely..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - There is no ban on exercise of extra ordinary inherent powers of High Court merely on ground that alternate remedy is contemplated under Cr.P.C. or under special statute - But where specific alternate remedy is conferred, then recourse to remedy u/s 482 Cr.P.C. shall be considered with due caution and Court..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Challenge to order passed by Consolidation Officer alleged to be fraudulent and collusive - Civil Court has jurisdiction when order passed by authorities under the special law contravenes (a) Principles of natural justice; (b) against the statute; (c) without following the procedural law; (d) issued in..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Eviction suit - Suit filed to claim eviction from any accommodation is a suit of "civil nature" - Civil Court is competent to take cognizance of such suit unless its jurisdiction is expressly or impliedly barred by virtue of any special enactment...........
Prevention of Corruption Act, 1988, Section 4, 3 -- Jurisdiction of Special Judge - Case against public servants and no, public servants - Where public servant dies midway or during trial or before commencement of trial, special judge would not lose jurisdiction because, Court had exclusive power and jurisdiction when cognizance was taken on complaint, or final report...........
Civil Procedure Code, 1908, Order 7, Rule 10, Electricity Act, 2003, Section 154 -- Return of plaint by civil Court for filing it before Special Tribunal constituted under Electricity Act - Special Court not having power to adjudicate dispute raised in suit filed by petitioner - Trial Court committed jurisdictional error and no purpose will be served to relegate parties in..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Electricity Act, 2003, Section 154, 126 -- Return of plaint by civil Court for filing it before Special Tribunal constituted under Electricity Act - Bar of civil suit under Act of 2003 will occur only if there is challenge to assessment procedure u/s 126 of 2003 Act - Hence, ouster of jurisdiction of civil Court is..........
Civil Procedure Code, 1908, Order 7, Rule 10, Electricity Act, 2003, Section 154 -- Return of plaint by civil Court for filing it before Special Tribunal constituted under Electricity Act - Parties giving consent for conferring jurisdiction on Special Court - Consent is not sufficient to confer jurisdiction on Special Court under Act of 2003 to try civil suit...........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 15, 16, Insolvency and Bankruptcy Code, 2016, Section 252 -- Companies Act, 1956, Board for Industrial and Financial Reconstruction Regulations, 1987, Regns.8, 18, 19 - Dismissal of reference application - Jurisdiction - Appellate Authority abated company to seek a reference under the Act, 1956 - Claim to..........
Family Courts Act, 1984, Section 18, Civil Procedure Code, 1908, Section 44A -- Execution - Foreign judgment - Family Court has no jurisdiction to entertain execution petition in relation to execution of foreign judgment, as foreign judgment has to be executed only before District Court - Though Family Court has been given special jurisdiction in terms of Family Courts..........
