Haryana Ceiling on Lands Holdings Act, 1972, Section 26 -- Jurisdiction of civil Court - Is barred to settle, deal or decide any matter required to be adjudicated/decided under the Act - However, if order passed by authority constituted under a special statute has proceeded in violation of statutory requirement, then civil suit is maintainable...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Vacation of interim order - Would not render writ petition infructuous, as the Court, at the time of final adjudication of petition, would consider all aspects, and in case so required, shall pass necessary orders granting all consequential as well as substantial benefits to petitioner, which are all..........
Commissions For Protection of Child Rights Act, 2005, Section 13, 24 -- Whether S.13(2) of the Act places the two Commissions in water-tight compartments where they oust the jurisdiction of each other? - As per S.13(2) of the Act, if State Commission has already started an inquiry, then National Commission should naturally refrain from inquiring into the matter - However,..........
Commissions For Protection of Child Rights Act, 2005, Section 13 -- Child trafficking - Inter-state or International ramifications - Jurisdiction of National or State Commission - State Commission has the power to inquire into those matters which fall within its purview and even if the illegality is such that it has Inter-State or international ramifications...........
Guardians and Wards Act, 1890, Section 9, 12, 25(1), Hindu Minority and Guardianship Act, 1956, Section 13 -- Custody of minor child - Jurisdiction - Petition, in case of guardianship of minor, is to be filed in the Court under whose territorial jurisdiction the minor, ordinarily resides - If such application relates to property of minor there are two fora and applicant..........
Punjab Agriculture Produce Markets (General) Rules, 1962, Rule 29 -- Market fee - Assessment order - Exemption under R.29 of Rules - In the instant case, Courts below have set aside the order of assessment passed by Market Committee on the ground that it has no jurisdiction to pass assessment order with regard to purchase made by plaintiff - However, Courts below have not..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22(1) -- Eviction - District Magistrate alone is competent to entertain an application for an order of eviction - Maintenance Tribunal has no jurisdiction to order eviction to protect life and property of senior citizen - However, District Magistrate can either authorize Maintenance Tribunal to..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Principle that High Court should not exercise its extraordinary writ jurisdiction when an efficacious alternative remedy is available, is a rule of prudence and not a rule of law - Existence of such remedy does not mean that jurisdiction of High Court is ousted - At the same time, it is well settled principle..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Alternative efficacious remedy available - It will be for High Court to decide in peculiar facts and circumstances of each case whether it should exercise its extraordinary writ jurisdiction or not - There cannot be a blanket ban on exercise of such jurisdiction because that would effectively mean that writ..........
Practice and procedure -- Merely - because Court may not exercise its discretion, is not a ground to hold that it has no jurisdiction...........
