Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Object of S.10 CPC is to prevent Courts of concurrent jurisdiction from simultaneously proceeding with parallel suits involving issues that are directly and substantially the same...........
Civil Procedure Code, 1908, Section 21 -- Jurisdiction of civil Court - Rent proceedings - By virtue of S.21 of the Act, provisions of CPC apply to Rent Tribunal only to the extent expressly permitted and Rent Tribunal not being a civil Court, cannot have its proceedings mechanically equated with a civil suit...........
Constitution of India, 1950, Article 136 -- Special Leave Petition - Where petitioners were not parties to proceedings and they seek issuance of similar directions in their own cases, such a course cannot be granted by invoking extraordinary jurisdiction of Supreme Court u/art 136 of Constitution, particularly when it does not arise from an adjudication of petitioner's..........
Criminal Procedure Code, 1973, Section 362 -- Review/recall of order - Prohibition of S.362 Cr.P.C. is absolute and when judgment has been signed even High Court in exercise of its inherent power u/s 482 Cr.P.C. has no authority or jurisdiction to alter or review the same...........
Legal Services Authorities Act, 1987, Section 21, 22E -- Award of Lok Adalat - Challenge as to - Award may be executed as a decree, but its validity cannot be reopened through an ordinary civil suit or by treating some other civil proceeding as a vehicle for setting it aside - Only recognized avenue of challenge is the constitutional jurisdiction of High Court, which is..........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - Power u/art 227 of Constitution is intended to be used sparingly and only in appropriate cases for the purpose of keeping subordinate Courts and tribunals within the bounds of their authority and not for correcting mere errors...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20, 22, Criminal Procedure Code, 1973, Section 125(3), 421 -- Orders passed u/ss 12, 19, 20, 22 PWDV Act - Execution of orders - Magistrate directed to attach and auction immovable property of husband/JD that too situated outside the jurisdiction of Court - Magistrate could only issue a warrant for levy..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Bharatiya Nyaya Sanhita, 2023, Section 115(2), 351(2), 351(3), 352, 310(2) -- Quashing of FIR - Compromise - Offence u/ss 115(2), 351(2), 351(3), 352, 310(2) of BNS - All the offences is inseparable and arises from a single transaction - Once High Court exercised its inherent jurisdiction to quash FIR with respect to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 25 -- Maintenance order - Defect of coram non judice - Tribunal passed impugned orders without lawful coram - Once an order is found to have been passed by an authority lacking jurisdiction or lawful coram, it is nullity in the eyes of law and cannot be sustained, irrespective of whether such a..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues in question were required to be examined on evidence and could not have been summarily rejected by High Court in exercise of jurisdiction U.O.7.R.11 CPC...........
