Constitution of India, 1950, Article 226 -- Writ jurisdiction - Where petition involves complex factual aspects which requires oral and documentary evidence, same cannot be adjudicated by High Court in exercise of its writ jurisdiction - Instead, High Court should have relegated petitioner to appropriate remedy for adjudication of all contentious issues between parties...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent injunction relating to environment - Jurisdiction of civil Court barred u/s 29 of NGT Act - Once suit was barred by law, civil Court could not have proceeded with suit and at the best parties could have been relegated before NGT, special forum created under NGT Act - Civil Court has..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court ought not to have entertained writ petition against order passed by statutory authority by disregarding statutory limitation period, only because remedy of appeal against that order stood foreclosed by law of limitation...........
Arbitration and Conciliation Act, 1996, Section 34, 4, 16, 20 -- Arbitration award - Setting aside - Place of arbitration - Failure to participate in the proceedings before Arbitrator - Submission not raised that Arbitrator did not have jurisdiction or that he was exceeding the scope of his authority - Held, respondent must be deemed to have waived all such objections...........
Family Courts Act, 1984, Section 7, Hindu Minority and Guardianship Act, 1956, Section 6 -- Jurisdiction of Family Court - Custody of minor child - Family Court has jurisdiction to entertain an application u/s 6 of Hindu Minority and Guardianship Act...........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of minor child - Petition by mother - Child was in custody of his paternal grandmother/appellant no.3 - Appellants were residing in Hyderabad - Since the child at the relevant time was also in Hyderabad, issue with regard to custody of child, cause of action also arose in Hyderabad - Concerned Family Court at..........
Guardians and Wards Act, 1890, Section 25, Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of child - While considering custody of child, Court acts in parens patriae jurisdiction and is to be governed solely by consideration of welfare of child...........
Criminal Procedure Code, 1973, Section 73 -- Arrest warrants - Magistrate has jurisdiction and power to issue warrant of arrest, which can be directed against any escaped convict, proclaimed offender against any person who is an accused of a no, bailable offence and is evading arrest - Thus, person against whom warrant of arrest can be issued, must fall in either of said..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Jurisdiction of Supreme Court with regard to S.227 Cr.P.C is limited and should not be exercised by conducting roving enquiries on the aspect of factual inferences...........
Indian Penal Code, 1860, Section 420, 120B, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 420, 120-B, 467, 468, 471, Prevention of Corruption Act, 1988, S.13(1)(d) - Quashing of FIR - Large scale corruption and siphoning of government funds - Land acquisition for the plant of Bhartiya Rail..........
