Constitution of India, 1950, Article 227 -- Writ petition - When a petition is filed against an order of Wakf Tribunal before High Court, High Court exercises jurisdiction u/art 227 of Constitution - It is thus, wholly immaterial that petition was titled as a writ petition, as nomenclature of title of petition filed before High Court is inconsequential...........
Constitution of India, 1950, Article 142 -- Transfer of undertrial prisoner from one State to another State - There is no provision for transfer of an undertrial prisoner - However, Court in exercise of jurisdiction u/art 142 of Constitution can consider for transfer of prisoner from one State to another...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Plea of bar of jurisdiction u/s 11(6) of the Act - Objection when not raised in the first application can be raised in the second application...........
Jurisdiction -- If there is inherent lack of jurisdiction, plea can be taken at any stage and also in collateral proceedings - A decree passed by a Court without subject matter jurisdiction is a nullity and that its validity can be set up whenever and wherever it is sought to be enforced or relied upon - Such a defect of jurisdiction cannot be cured even by consent of..........
Criminal Procedure Code, 1973, Section 439, 438 -- Bail conditions - Directions issued to Courts viz : (i) bail conditions should not mandate, require or permit contact between accused and victim - Such conditions should seek to protect complainant from any further harassment by accused; (ii) where circumstances exists for Court to believe that there might be a potential..........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Family Court - Non-compliance of prescribed mandatory procedure and infraction of principles of natural justice by Family Court, is not a technical irregularity to be overlooked...........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Family Court - Non-compliance of prescribed mandatory procedure by Family Court - Family Court does not have plenary powers to do away with mandatory procedural requirements in particular, which guarantee fairness and transparency in the process to be followed and for adjudication of claims of both sides...........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Family Court - Discharging of counsel of party - No notice was give to appellant about request made by his counsel to make alternative arrangement - However, after accepting request, it was obligatory to issue notice to appellant to inform about order so passed - There is thus, substantial non-compliance of prescribed..........
Insolvency and Bankruptcy Code, 2016, Section 60(5)(c) -- Corporate Insolvency Resolution process (CIRP) - Payment of professional charges to Registered valuer - Appellant appointed as registered valuer by Resolution professional in pursuance of initiation of CIRP - He claims to have conducted valuation work of over 84 sites and to have visited 40 sites - NCLT as an..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Judgment of First Appellate Court should not be interfered with by High Court in exercise of its jurisdiction u/s 100 CPC, unless there is a substantial question of law...........
