National Investigation Agency Act, 2008, Section 22(3) -- Jurisdiction of Sessions Court - Sessions Court within whose jurisdiction offence took place had the power and jurisdiction to deal with the case by virtue of S.22(3) of the Act, if State has not constituted a special Court for trial of offences...........
Unlawful Activities (Prevention) Act, 1967, Section 43D(2), Criminal Procedure Code, 1973, Section 167(2) -- Remand - Court u/s 43-D(2) Proviso of the UAPA has been given power to extend and authorize detention of accused beyond a period of 90 days as provided u/s 167(2) Cr.P.C - Jurisdictional Magistrate would also be clothed with jurisdiction to deal with remand of..........
Constitution of India, 1950, Article 226 -- Writ petition - For filing of a writ petition, there is no fixed period of limitation prescribed - However, when extraordinary jurisdiction of writ Court is invoked, it has to be seen as to whether it is invoked within reasonable time...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for possession by way of ejectment - Jurisdiction of civil Court is not ousted if a landlord tenant relationship is disputed - Tenants estopped from claiming that they are entitled to protection u/s 77 of Punjab Tenancy Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of proceedings - Cheques which were dishonoured are issued on Bank at Pune - Agreement executed between parties at Pune and accused residing at Pune - Cause of action has arisen at Pune - Only in order to harass accused complaints have been filed at Calcutta by manipulating the jurisdiction -..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Court in exercise of its review jurisdiction, cannot re-appreciate evidence to arrive at a different conclusion even if two views are possible in a matter...........
Partition -- Jurisdiction - In Punjab, Haryana and UT Chandigarh, jurisdiction to partition the joint property is conferred in Revenue Authorities as well as Civil Court - With regard to agricultural land, jurisdiction is pre-dominately with Revenue Authorities, whereas, with regard to non-agricultural land, jurisdiction exclusively vests in civil Court...........
Partition -- Jurisdiction - In Punjab, Haryana and UT Chandigarh, jurisdiction to partition the joint property is conferred in Revenue Authorities as well as Civil Court - With regard to agricultural land, jurisdiction is pre-dominately with Revenue Authorities, whereas, with regard to non-agricultural land, jurisdiction exclusively vests in civil Court...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court will not entertain a petition u/art 226 of Constitution if an effective alternative remedy is available to the aggrieved person or the statute under which the action complained of has been taken itself contains a mechanism for redressal of grievance...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Exceptions when a petition u/art 226 of Constitution could be entertained in spite of availability of an alternative remedy: (i) where the statutory authority has not acted in accordance with the provisions of enactment in question; (ii) it has acted in defiance of the fundamental principles of judicial..........
