14 September 2020

Search Results for Tag : Jurisdiction


District courts 'principal civil Court' in Bihar(30.07.2015)

The District Court, not the Subordinate court, have original jurisdiction in Bihar for receiving matters under Section 34 of the Arbitration and Conci.....

Tags : arbitration, civil, original jurisdiction


Pleadings allowed to be amended when 'petition ripe for hearing'(07.08.2015)

The Court allowed an amendment of pleadings requiring a determination of jurisdiction by the court. The Court questioned whether the amendment was nec.....

Tags : amending pleading, territorial jurisdiction


Mere reference of numerous members not having the same interest does not raise presumption of non-maintainability(12.08.2015)

In a case where the Petitioner, with over 3,000 members, alleged non-maintainability of a suit filed by one member disputing a resolution taken in an .....

Tags : Company, jurisdiction, single member, complaint


Civil Courts in West Bengal have authority to entertain tenant's application for repair of premises(19.08.2015)

The West Bengal Premises Tenancy Act, 1997 does not exclude jurisdiction of the Civil Court in an application to facilitate urgent repair work. A civi.....

Tags : Tenancy, civil court, jurisdiction


Supreme Court dismisses UoI plea to hear arbitration dispute with Reliance(22.09.2015)

Noting the “valiant attempt to reopen a question settled twice over, that is by dismissal of both a review petition and a curative petition on the ver.....

Tags : Arbitration, jurisdiction


Avitel’s petition against arbitral award dismissed(28.09.2015)

The Bombay High Court dismissed Avitel Post Studioz’ petition under the Arbitration and Conciliation Act, 1996 against arbitral awards passed in 2012 .....

Tags : Arbitration, seat, challenge, exclude, jurisdiction


Jurisdiction vested where cheque delivered for collection(24.11.2015)

The Supreme Court accepted the explanation that pursuant to the Negotiable Instruments (Amendment) Second Ordinance, 2015, “the place where a cheque i.....

Tags : Dishonoured cheque, jurisdiction, collection, drawee


No bar on Police Chief to appoint officer for investigation outside territorial jurisdiction(04.03.2016)

The State Police Chief or Director General of Police is empowered to appoint a superior officer to investigate a crime case registered outside the ter.....

Tags : police, appointment, officer, territorial jurisdiction


District Court has jurisdiction over area in which temple is situated(16.02.2016)

The Kerala High Court dismissed a review petition suggesting that an incident that occurred at a temple in Vadanappalli - when an elephant ran amok - .....

Tags : temple, district court, jurisdiction,


Stalling foreign arbitral award with Indian law rebuked(13.05.2016)

Where parties to a contract choose a seat of arbitration outside India and the law applicable is explicitly not Indian, courts in India do not have ju.....

Tags : Arbitration, abroad, jurisdiction, umpire


Two Indian firms may conduct arbitration outside Country and under a foreign law, if there was an agreement to that effect(24.08.2016)

Disputes arose between Appellant and Respondent. Respondent by its letter purported to terminate AGREEMENT-I. Thereafter, Respondent made a request fo.....

Tags : Jurisdiction, Agreement, Arbitration, Assertion


When parties mutually agreed for jurisdiction of Delhi Courts and fact that, goods were supplied from Delhi, Delhi High Court has jurisdiction(30.08.2016)

Appellants-Defendants were appointed as Clearing and Forwarding Agents and Stockists of respondents-Plaintiffs and on account of appellants-defendants.....

Tags : Contract, Privity, Sale of goods, Jurisdiction


Interest claimed is taken into consideration for purpose of deciding pecuniary jurisdiction of Commission(29.08.2016)

Flat Buyers Agreement executed and booking made by Complainants. Possession of flat was not offered to complainant within 27 months from execution of .....

Tags : Service, Deficiency, Compensation, Pecuniary Jurisdiction


Jurisdiction specifically given to competent authority under Act bars lower courts jurisdiction(03.10.2016)

In facts of present case, under leave and licence agreement made in year 2007, Petitioners had given their property situated at Shahanurwadi Chowk, Au.....

Tags : Competent authority, Jurisdiction


Agreement to confer exclusive jurisdiction on one of Courts to exclusion of other, neither forbidden by law nor against public policy(04.10.2016)

Instant petition filed by Petitioner against Respondent, Mahindra Logistics Limited, seeking appointment of an Arbitrator to adjudicate disputes betwe.....

Tags : Arbitrator, Appointment, Agreement, Jurisdiction


High Court having supervisory jurisdiction under Arbitration Act not expected to sit on appeal against Arbitral Award(21.11.2016)

In instant case, Arbitrator passed the Award, thereby winding up partnership firm and to settle accounts of the firm between parties in terms of Secti.....

Tags : Award, Review, Jurisdiction


Courts cannot usurp function of disciplinary authority, decision qua nature and quantum prerogative of disciplinary authority(09.12.2016)

A departmental inquiry was conducted against Respondent No.1, an employee of Appellant, into certain charges of misconduct. In said inquiry, charges w.....

Tags : Penalty, Alteration, Jurisdiction


Parties to an arbitration agreement have autonomy to decide on both procedural and substantive law(15.12.2016)

In instant case, Parties entered into a contract and disputes arose between them. Contract contained an arbitration Clause and Centrotrade invoked it......

Tags : Arbitration, Procedure, Jurisdiction


To have territorial jurisdiction at Delhi, whole or part of cause of action would have to accrue at Delhi(19.12.2016)

Present writ petition impugns orders passed by Respondent/Central Bank of India/ employer whereby Petitioner has been inflicted punishment of dismissa.....

Tags : Proceedings, Jurisdiction, Cause of action


Power to punish for contempt vested in a Court of Record does not extend to punishing for contempt of superior Court(02.01.2017)

In present appeals, Appellants called in question the correctness of an order passed by a Division Bench of High Court of Delhi whereby Appellants hav.....

Tags : Proceedings, Suo-motu, Contempt, Jurisdiction


Jurisdiction of consumer fora not barred, even if, provisions to provide compensation are laid down in Railway legislation(18.01.2017)

Present first appeal has been filed under Section 19, read with Section 21(a)(ii) of the Consumer Protection Act, 1986, against impugned order passed .....

Tags : Complaint, Compensation, Jurisdiction


Place of arbitration determines law applicable to arbitration and related matters(10.03.2017)

Appellant-Imax Corporation has challenged interim order passed by High Court of Judicature at Bombay, by which High Court held that, petition under Se.....

Tags : Award, Jurisdiction, Maintainability


“Venue of Arbitration proceedings” need not essentially be a place where “seat of arbitration” is located”(23.03.2017)

In facts of present case, pursuant to award passed by Arbitrator in favour of Respondent/decree holder, an execution petition was filed before Court b.....

Tags : Award, Execution, Jurisdiction


NGT has jurisdiction to deal with substantial question arises out of enforcement of enactments given in Schedule 1 of NGT Act, 2010(01.05.2017)

Applicant after being shocked on reading the news item, reported in Daily Excelsior Jammu dated 17th February, 2016 giving details of transfer made by.....

Tags : Forest land, Transfer, Jurisdiction


Tribunal has jurisdiction to compound the offence where alternative punishment of fine is prescribed in place of imprisonment and where no case is pending before the Special Court(29.08.2017)

Present appeal is filed against impugned order passed by the National Company Law Tribunal. The Appellants failed to file its Annual Return for the fi.....

Tags : Offence, Compounding of, Jurisdiction


Adjudicatory proceedings before Tribunal will not be affected by the provisions in the Companies Act(07.09.2017)

In present matters, execution applications have been filed and are pending. Matters are against S. Tel Pvt. Ltd. which is facing liquidation proceedin.....

Tags : Execution proceedings, Jurisdiction


Once Session judge has found that order of authority is not accordance with law, then that order cannot be quashed(28.10.2017)

In the instant petition, the Petitioner has assailed the validity of the order passed by Additional Sessions Judge, whereby the order passed by Petiti.....

Tags : Proceedings, Legality, Supervisory jurisdiction


Validity of a decree can be challenged before an executing court only on ground of an inherent lack of jurisdiction which renders the decree a nullity(15.12.2017)

In 2002, a suit was instituted by the Respondents for a permanent injunction, alleging that the Defendants to the suit were threatening to interfere w.....

Tags : Decree, Execution, Jurisdiction


Where more than one court has jurisdiction, it is open for parties to exclude all other Courts(07.02.2018)

The Respondent No. 1 floated a notice inviting tender for the civil and electrical work of Super Specialty Hospital, wherein several bids were invited.....

Tags : Jurisdiction, Seat, Determination


When remedy is available under provisions of Act, jurisdiction of Civil Court is impliedly ousted(14.02.2018)

The question that arises for consideration in this appeal is, whether the suit filed by the Respondent seeking declaration and permanent injunction ag.....

Tags : Civil Court, Jurisdiction, Remedy


Supervisory jurisdiction would be exercised only in a case where order has been passed in flagrant violation of principles of natural justice or if same will result in miscarriage of justice(26.03.2018)

In instant petition filed under Section 104 of Constitution of Jammu and Kashmir read with Article 227 of Constitution of India, the Petitioner has as.....

Tags : Amount, Recovery, Supervisory jurisdiction, Invoking of


Jurisdiction of the Court is required to be determined with respect to the situs of the property(07.04.2018)

In facts of present case, the Respondents filed a suit for declaration seeking to declare a communication dated 04th October, 2013 issued by Petitione.....

Tags : Suit, Situs, Jurisdiction


No Civil Court can exercise jurisdiction to entertain any suit or proceeding in respect of any matter which a DRT or DRAT is empowered(17.05.2018)

The judgment of the High Court is assailed in instant appeal, whereby the High Court without formally setting aside the order passed by the Debts Reco.....

Tags : Civil court, Jurisdiction, Bar


If a 'necessary party' is not impleaded, the suit itself is liable to be dismissed(07.09.2018)

In instant matter, challenge is thrown to the order passed by the trial Court on an application under Order I Rule 10 of the Code of Civil Procedure, .....

Tags : Impleadment, Jurisdiction, Validity


High Court had power to prevent abuse and quash confronted proceeding, if any attempt is made to abuse the authority(29.10.2018)

The present petition has been filed to set aside the order convicting Petitioner under Section 376, 323 of Indian Penal Code, 1860 (IPC), and the orde.....

Tags : Proceedings, Quashing of, Jurisdiction


If Court passes a decree having no jurisdiction over the matter, it would amount to nullity(02.11.2018)

In instant second appeal, learned counsel for the Appellant has raised issue of jurisdiction of the trial Court as well as the Appellate Court on the .....

Tags : Matrimonial dispute, Jurisdiction, Nullity


State Government had no jurisdiction and authority to convert a statutory appeal in a representation and issue directions(01.11.2018)

The Petitioner is the owner of plots carved out in a private layout within the municipal limits of Pimpri Chinchwad Municipal Corporation ('municipal .....

Tags : Power, Jurisdiction, Legality


Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 does not prohibit Additional District Magistrate to pass externment order(29.01.2019)

In facts of present matter, the Additional District Magistrate, has passed an order externing Respondent for a period of one year from the district co.....

Tags : Externment order, Jurisdiction, Additional District Magistrate


Courts shall have jurisdiction to try all suits of civil nature excepting suits of which their cognizance is either expressly or impliedly barred(15.03.2019)

In facts of present case, the dispute relates to 4/5th share in the suit land. The suit land was subjected to ceiling proceedings under the Haryana Ce.....

Tags : Suit, Maintainability, Jurisdiction


Purpose of a review application is limited and it cannot be used as a tool to re-argue what has already been decided(28.05.2019)

The present Review Petition has been filed by the Petitioner seeking review of the order passed in Contempt Case. The Respondent/DDA submitted that, i.....

Tags : Review jurisdiction, Power, Invocation


Present Court ought not to interfere with impugned order, since provision of appeal under Section 22 of National Green Tribunal Act, 2010 is akin to that of second appeal(14.06.2019)

The present challenge under Article 227 of the Constitution of India has been directed against an order whereby the National Green Tribunal passed a d.....

Tags : Inspection, Jurisdiction, Appropriate forum


When self-contained machinery for settlement of disputes by means of arbitration is prescribed under provisions of Chit Funds Act, then it could not be varied by a private agreement between parties(18.07.2019)

By present petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, the Petitioner has impugned the arbitral awards, thereby al.....

Tags : Dispute, Adjudication, Jurisdiction


If basic ingredients of offence alleged are altogether absent, it is open to High Court to quash criminal proceedings(31.07.2019)

Present appeal is against a judgment passed by the High Court dismissing Criminal Petition filed by the Appellant under Section 482 of the Code of Cri.....

Tags : Proceedings, Quashing of, Jurisdiction


Mere existence of alternate forums does not create a legal bar on a High Court to exercise its writ jurisdiction(29.07.2019)

In present matter, the second Respondent, the All India Chess Federation is a society registered under the Societies Registration Act, 1860. It is a c.....

Tags : Legal bar, Clause, Jurisdiction


Jurisdiction of civil Courts cannot be completely taken away in spite of either an express or implied bar(19.08.2019)

The order of assessment and the demand for payment of property tax made on the Respondents was the subject matter of challenge in a civil suit filed b.....

Tags : Civil Courts, Jurisdiction, Suit, Maintainability


Consumer Forum has jurisdiction to adjudicate the legitimacy of statutory dues(16.09.2019)

In present case, the reference arises out of the order passed by a two-Judge Bench of present Court, wherein they expressed doubt as to the correctnes.....

Tags : imposition, Statutory due, Consumer fora, Jurisdiction


High Court can intervene if NCLT passes order in matter relating to Public Law(03.12.2019)

Two seminal questions of importance raised in present matter is whether the High Court ought to interfere, under Article 226/227 of the Constitution o.....

Tags : NCLT, Jurisdiction, Public law


Court has to be prima facie satisfied that, there have been instances of domestic violence before issuing notice(22.01.2020)

Present appeal arises out of the impugned judgment passed by the High Court by which the High Court has dismissed the petition filed by the Appellants.....

Tags : Complaint, Cognizance, Jurisdiction


The jurisdiction of the Court to grant bail is circumscribed by the provisions of Section 37 of the Narcotics Drugs and Psychotropic Substances Act, 1985(24.01.2020)

The appellant-prosecution had challenged the direction exercised by the learned Single Judge of the Kerala High Court in granting post- arrest bail to.....

Tags : Jurisdiction, Narcotics


Court can intervene only when Complainant succeeds in showing that Fora below has wrongly exercised its jurisdiction(28.02.2020)

Case of the Petitioner is that the Petitioner/Complainant's wife was admitted in the Respondent Hospital on 12th December, 2010 as her great toe and 2.....

Tags : Negligence, Concurrent findings, Jurisdiction


Litigants cannot directly approach High Court by overlooking jurisdiction of Central Administrative Tribunal(13.07.2020)

The legal controversy that arises for consideration is the maintainability of the present petition before present Court. Petitioner successfully quali.....

Tags : Appointment, Legality, Jurisdiction


A judgment may be open to review if there is a mistake or an error apparent on the face of the record(06.08.2020)

Present Review Petition has been preferred by the original writ Petitioner seeking review of the order passed by present Court in writ petition which .....

Tags : Review, Jurisdiction, Powers


Where Assessing Officer has accepted a particular contention/issue without any enquiry or evidence, the order is erroneous(03.08.2020)

Present appeal preferred by the Assessee emanates from the order of the learned principal Commissioner of Income Tax-1, for the assessment year 2014-1.....

Tags : Revisionary jurisdiction, Erroneous, Legality


High Court cannot interfere with finding of fact in revisional jurisdiction unless there is perversity or misappreciation of evidence(08.06.2020)

In the facts of present case, the Appellant is the tenant of two shop rooms-one on the ground floor and the other on the first floor. The tenant is do.....

Tags : Eviction, Revisional jurisdiction, Legality


In the guise of exercising jurisdiction under Article 227 of the Constitution, High Court cannot convert itself into a court of appeal(26.06.2020)

Present appeal challenges the judgment passed by the learned single judge of the High Court thereby, allowing the writ petition filed by Respondent No.....

Tags : Suit premises, Eviction, Jurisdiction


Once the seat is determined, the Court of that place shall have exclusive jurisdiction to deal with all matters relating to arbitration agreement between the parties(06.07.2020)

The Petitioner is seeking appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The arbitration agreement betw.....

Tags : Agreement, Dispute, Jurisdiction


Exercise of powers under Article 227 of Constitution is not affected in any manner by presence of alternate remedy but the power is to be exercised sparingly(11.11.2019)

The brief facts as noted, is that the Petitioner herein had filed a suit for permanent injunction against the Respondent in claiming right title and i.....

Tags : Jurisdiction, Application, Maintainability


IBC bars jurisdiction of civil courts in respect of any matter in which NCLT or NCLAT is empowered by Code to pass any Order(18.11.2019)

The present civil appeals have been filed by the Appellant-Resolution Professional appointed by the National Company Law Tribunal for the Corporate De.....

Tags : Auction, Assets, Interim order, Jurisdiction


For determining pecuniary jurisdiction, value of the goods or services paid as consideration alone has to be taken(28.08.2020)

In facts of present case, on 2 June, 2016, Complainant had taken Insurance Coverage from National Insurance Company Limited, under its Standard Fire a.....

Tags : Complaint, Maintainability, Jurisdiction


Notifications & Circulars

Medical Devices under the Jurisdiction of CDSCO(19.11.2019)

The Central Drugs Standard Control Organisation (CDSCO) under the Ministry of Health and Family Welfare regulates the safety, efficacy and quality of .....

Tags : Medical Devices, Jurisdiction, CDSCO


Authorization of the Assessing Officer for a specified jurisdiction to exercise all or any of the powers conferred on for the purpose of Chapter VIII of Finance Act, 2016(20.03.2020)

In exercise of the powers conferred by clause(b) of section 164 and section 178 of the Finance Act, 2016 (28 of 2016) read with sub-sections(1) and (2.....

Tags : Authorization, Assessing Officer, Jurisdiction


Consultation Paper on Cloud Computing(10.06.2016)

The Telecom Regulatory Authority of India introduced a paper read»

Armed Forces Tribunal Jabalpur gets extended jurisdiction(03.05.2016)

The Central Government notified extended jurisdiction for the Armed Forces Tribunal at Jabalpur effect 9 May 2016. Within its territorial jurisdiction.....

Tags : Armed forces, tribunal, jurisdiction


Processing of e-forms and company registration handed to CRC(23.03.2016)

The Ministry of Corporate Affairs notified that the Central Registration Centre will have functional jurisdiction of processing and disposal of e-form.....

Tags : Central registration centre, registration e-forms, jurisdiction


Amendment in paragraph 3.06 and 3.08 of Handbook of Procedures of Foreign Trade Policy (FTP) 2015-20(26.08.2015)

The Director General of Foreign Trade made amendments in paragraphs 3.06 and 3.08 - Jurisdictional RA / RA Concerned and Port of Registration of Scrip.....

Tags : Amendment, foreign trade, jurisdiction, scrips



Bombay HC Dismisses Plea Contending that Appeals of Celebrities are Heard on Priority Basis(14.09.2015)

Bombay HC has dismissed petition filed by convict contending that appeals of celebrities are heard on prority basis, stating that such discretion is e.....

Tags : Bombay HC ,writ jurisdiction


Delhi HC Question Special Court’s Jurisdiction in Nido Tania’s Case(11.04.2016)

Delhi HC has raised questions over jurisdiction of special court conducting trial in case of Nido Tania, in 2014, while pointing out that charges agai.....

Tags : Delhi HC, Nido Tania, Special Court’s Jurisdiction


Negotiable Instruments (Amendment) Bill, 2015(14.12.2015)

Passed by Lok Sabha in August of this year, the Rajya Sabha too stamped approval on the Negotiable Instruments (Amendment) Bill, 2015. The Bill addres.....

Tags : Negotiable instruments, cheque, jurisdiction, 2015


Chhattisgarh HC: Dispute Must Be Adjudicated at Place Mentioned In ‘Exclusive Jurisdiction’ Clause(24.05.2017)

Chhattisgarh High Court has held that under ‘exclusive jurisdiction’ clause in arbitration agreement, dispute is to be adjudicated at the place mentio.....

Tags : Chhattisgarh High Court, Exclusive Jurisdiction


SC: ‘Exclusive Jurisdiction Clause’ In Arbitration Agreement Will Oust All Other Courts' Jurisdiction(20.04.2017)

Supreme Court has held that when there is an exclusive jurisdiction clause in an arbitration agreement stating that Courts at a particular place alone.....

Tags : Supreme Court, Exclusive Jurisdiction Claus


Madras HC: Litigants Cannot Choose Forum as Per Their Likes(09.11.2016)

Madras High Court has held that litigants cannot approach High Court directly, without moving an application before Jurisdictional District Court, for.....

Tags : Madras High Court, Jurisdictional District Court, Intra-District Transfer


Supreme Court Explains Civil Suit Objecting Jurisdiction of Arbitrator not Valid(26.08.2019)

Supreme Court has explained that a suit for injunction and declaration challenging the jurisdiction of arbitrator is not valid. The Court observed tha.....

Tags : Supreme Court, Jurisdiction


P & H High Court: Comfort of Lawyer No Basis for Transferring Petition to Another Jurisdiction(29.08.2019)

Punjab and Haryana High Court has observed while declining a request for transfer of a divorce petition that the Court was not liable to see the conve.....

Tags : P & H High Court, Jurisdiction


Apex Court Explains High Court Cannot Reappreciate Evidence While Exercising Revisional Jurisdiction(14.08.2019)

Apex Court has explained that the High Court cannot reappreciate evidence while exercising revisional jurisdiction under Section 20 of the Kerala Buil.....

Tags : Apex Court, Jurisdiction


ITAT Pune: Revisional Jurisdiction Cannot be Invoked Against an Illegal Re-Assessment(20.06.2019)

Income Tax Appellate Tribunal (ITAT Pune) has noted that the revisional jurisdiction under Section 263 of the Income Tax Act, 1961 cannot be invoked b.....

Tags : ITAT Pune, Revisional Jurisdiction


CONSTITUTION - Statutory Regulation on Private Bodies Does Not Make Them Subject To Writ Jurisdiction: SC(27.03.2019)

Supreme Court has observed that mere regulation by a statute on a private body cannot be conclusive of whether it discharges a public function, to hol.....

Tags : Supreme Court, writ jurisdiction


NCLT Has Exclusive Jurisdiction to Try All Company Matters(30.05.2019)

National Company Law Appellate Tribunal/NCLAT has held that the National Company Law Tribunal has exclusive jurisdiction to try all matters under Comp.....

Tags : NCLT, Jurisdiction


Court has to Confine Itself to 'Disobeyed' Order While Exercising Contempt Jurisdiction: SC(08.02.2019)

Supreme Court has reiterated that, while exercising the contempt jurisdiction, the court has to confine itself to the four corners of the order allege.....

Tags : Supreme Court, Contempt Jurisdiction


SERVICE - Amended SC-ST Act Doesn't Limit Court's Jurisdiction to Grant Anticipatory Bail: Calcutta HC(01.03.2019)

Calcutta High Court has granted anticipatory bail to a journalist who was charged under Scheduled Castes and Scheduled Tribes (Prevention of Atrocitie.....

Tags : Calcutta High Court, Amended SC-ST Act Doesn't Limit Court's Jurisdiction to Grant Anticipatory Bail


CRIMINAL - Amended SC-ST Act Doesn't Limit Court's Jurisdiction to Grant Anticipatory Bail: Calcutta HC(01.03.2019)

Calcutta High Court has granted anticipatory bail to a journalist who was charged under Scheduled Castes and Scheduled Tribes (Prevention of Atrocitie.....

Tags : Calcutta High Court, Amended SC-ST Act Doesn't Limit Court's Jurisdiction to Grant Anticipatory Bail


HC can Execute Foreign Arbitration Award Despite Change in Pecuniary Jurisdiction: Delhi HC(04.12.2018)

Delhi High Court has held that jurisdiction to execute foreign arbitration award continues with the high court, despite the change in pecuniary jurisd.....

Tags : Delhi High Court, Arbitration Award, Pecuniary Jurisdiction


Availability of Alternative Remedy No Bar to Invoke Contempt Jurisdiction: Chhattisgarh HC(15.01.2019)

Chhattisgarh High Court has termed contempt jurisdiction a 'Jurisdiction of Necessity' and also observed that a contempt petition cannot be held to be.....

Tags : Chhattisgarh High Court, Contempt Jurisdiction


Executing Court can't Decide Whether Court Which Decreed Suit had Territorial Jurisdiction: SC(21.01.2019)

Supreme Court has observed that an executing court has no jurisdiction to decide whether the court which passed the decree had territorial jurisdictio.....

Tags : Supreme Court, Executing Court, Territorial Jurisdiction


SC: Discretionary Jurisdiction Must Be Exercised On Fair And Just Principles(17.07.2017)

Supreme Court has held that exercise of discretion under Section 427(1) Code of Criminal Procedure, in a given case, mandates that the substantive sen.....

Tags : Supreme Court, Discretionary Jurisdiction


SC: HC Can Only Exercise Jurisdiction Over State of Which It is the High Court(06.04.2020)

Supreme Court has observed that the jurisdiction of a High Court is limited to the territorial jurisdiction of the States of which it is the High Cour.....

Tags : Supreme Court, Jurisdiction of High Courts


Kerala HC Seeks Govt Explanation on Foreign Jurisdiction Clause and Lack of Law Dept Sanction(21.04.2020)

Kerala High Court has sought explanation from the Kerala Government on the foreign jurisdiction clause in the contract with United States-company Spri.....

Tags : Kerala High Court, Foreign Jurisdiction Clause


Delhi HC: Prior Use in One Jurisdiction Would Not Entitle User to Exclusive Rights in Other Dominion(23.04.2020)

Delhi High Court has denied interim injunction in an Application wherein the Plaintiff, while not having business operations in India could also not p.....

Tags : Delhi High Court, Goodwill in One Jurisdiction


SC: Writ Jurisdiction in Election Matters Not Appropriate Where Alternative Machinery Available(17.02.2020)

Supreme Court has held that once alternate machinery is provided by the statute, the recourse to writ jurisdiction in matters related to elections is .....

Tags : Supreme Court, Writ Jurisdiction in Election Matters


SC: High Courts Not Precluded from Entertaining Writ Petitions Even if Disputed Questions of Facts(17.02.2020)

Supreme Court has observed that a High Court is not precluded from entertaining a writ Petition under Article 226 of the Constitution of India, 1949 e.....

Tags : Supreme Court, High Courts Jurisdiction Where Disputed Questions of Fact


SC: District Council Court Can Try Criminal Cases in Where Both Parties Belong to Scheduled Tribe(19.02.2020)

Supreme Court has held that the District Council Courts in Meghalaya have jurisdiction to entertain criminal cases in which both the victim and the ac.....

Tags : Supreme Court, Jurisdiction of District Council Courts in Meghalaya


Kerala High Court:Authority of Advance Rulings Does not Have Jurisdiction to Go Beyond Issue Referred(13.01.2020)

Kerala High Court has held that it is only open to Authority of Advance Rulings to enquire based on terms of the agreement and not venture beyond the .....

Tags : Kerala High Court, Jurisdiction


NCDRC: Consumer Forums Do Not Have Jurisdiction Over Educational Institutions(23.01.2020)

National Consumer Disputes Redressal Commission has answered a reference holding that 'educational institutions' do not impart 'services' and hence th.....

Tags : National Consumer Disputes Redressal Commission, Jurisdiction Over Educational Institutions


Karnataka HC: Revenue Authorities Have No Jurisdiction to Decide 'Title Dispute' Between Parties(27.01.2020)

Karnataka High Court has held that the revenue authorities like the Tahsildar, Assistant Commissioner and Deputy Commissioner have no jurisdiction to .....

Tags : Karnataka High Court, Jurisdiction of Revenue Authorities


Delhi High Court has Jurisdiction on Case of Any State(10.10.2019)

Delhi High Court has directed the Union Jalshakti Ministry to consider the Writ Petition on illegalities and corruption in execution of the under-cons.....

Tags : Delhi High Court, Jurisdiction


Bombay High Court: Mumbai Court has Jurisdiction to Try US Domestic Violence Complaint(14.10.2019)

Bombay High Court has rejected a plea by a US-based IT professional that if an incident of domestic violence has occurred in the United States a magis.....

Tags : Bombay High Court, Jurisdiction


BHC: Divisional Commissioner does not have Jurisdiction to Set Aside Appointment of Anganwadi Sevika(12.11.2019)

Bombay High Court (BHC) has ruled that Divisional Commissioner does not have jurisdiction under Section 267A of Maharashtra Zilla Parishads and Pancha.....

Tags : BHC, Jurisdiction


Supreme Court: Single Judge Not Subordinate to Division Bench in Intra-Court Appeal(13.08.2018)

Supreme Court has observed that the single judge of a high court is not subordinate to the division bench of that high court and that they both exerci.....

Tags : Supreme Court, Jurisdiction


P&H HC Imposes Cost on Plea Filed Without Territorial Jurisdiction to Gain Benefit of Interim Order(13.08.2020)

Punjab and Haryana High Court has imposed costs of Rs. 1,00,000/- on the Directors of a Mumbai-based company, who had appeared before it against disqu.....

Tags : Punjab and Haryana High Court, Plea Filed Without Territorial Jurisdiction


NCDRC: Pecuniary Jurisdiction to be Determined by Value Of Goods/ Services 'Paid'(07.09.2020)

National Consumer Disputes Redressal Commission (NCDRC) has held that for determining the pecuniary jurisdiction of Consumer fora, the value of the go.....

Tags : National Consumer Disputes Redressal Commission, Pecuniary Jurisdiction


NCDRC: Pecuniary Jurisdiction to be Determined by Value Of Goods/ Services 'Paid'(07.09.2020)

National Consumer Disputes Redressal Commission (NCDRC) has held that for determining the pecuniary jurisdiction of Consumer fora, the value of the go.....

Tags : National Consumer Disputes Redressal Commission, Pecuniary Jurisdiction


NCDRC: Pecuniary Jurisdiction to be Determined by Value Of Goods/ Services 'Paid'(07.09.2020)

National Consumer Disputes Redressal Commission (NCDRC) has held that for determining the pecuniary jurisdiction of Consumer fora, the value of the go.....

Tags : National Consumer Disputes Redressal Commission, Pecuniary Jurisdiction


NCDRC: Pecuniary Jurisdiction to be Determined by Value Of Goods/ Services 'Paid'(07.09.2020)

National Consumer Disputes Redressal Commission (NCDRC) has held that for determining the pecuniary jurisdiction of Consumer fora, the value of the go.....

Tags : National Consumer Disputes Redressal Commission, Pecuniary Jurisdiction



Negotiable Instruments (Amendment) Second Ordinance, 2015(22.09.2015)

The government introduced the Negotiable Instruments (Amendment) Second Ordinance, 2015. The Ordinance clarifies that jurisdiction for cheque bounce c.....

Tags : Cheque, ordinance, negotiable instruments, jurisdiction


International Cases

Location of conduct of business of company quintessential to jurisdiction(11.11.2015)

Hearing a petition against the prejudicial conduct of business by a stakeholder in the company, the Hong Kong High Court gave rather a long stretch to.....

Tags : Jurisdiction, location, conduct of business, incorporation


Mere fact of pending internal appeal, by itself, not sufficient to justify finding of fact that it was not "reasonably practicable" to present complaint to tribunal(16.11.2016)

In instant case, claims lodged with tribunal were a claim of unfair dismissal, unlawful deduction of wages, breach of contract and sex discrimination......

Tags : Dismissal, Limitation, Jurisdiction


Tribunal has no jurisdiction to interpret agreement, it can only amend statutory statement to ensure that, it corresponds with agreement(04.06.2017)

Claimant in present claim complained that, he had suffered an unlawful deduction from wages arising out of Respondent discontinuing its practice, afte.....

Tags : Wages, Deduction, Jurisdiction


Merger approval is a "once off' affair(02.10.2017)

Effects of an acquisition of control are considered, when approval of merger is sought and obtained and cannot be revisited once it has been determine.....

Tags : Merger, Declaratory relief, Grant, Jurisdiction


Victim’s entitlement to compensation measured by reference to the law of state of accident, routes to recovery provided by Directives he or she invokes(03.08.2016)

In present case, Respondent, a United Kingdom resident, was on holiday in Greece. Walking along the verge of a road, she was struck from behind by a v.....

Tags : Compensation, Liability, Jurisdiction


Bail can only be granted where exceptional circumstances are demonstrated and it is otherwise appropriate to do so(09.01.2018)

In instant case, Mr Valerio's application filed for bail pending his appeal against conviction. Alternatively, the Appellant seeks an urgent appeal or.....

Tags : Bail, Grant, Jurisdiction


Liability in tort, delict or quasi-delict can only arise, if a causal connection can be established between damage and event in which that damage originates(21.03.2018)

In facts of present case, between May 2005 and February 2009, Mr. Mukhtar Ablyazov was the chairman and controlling shareholder of the claimant, a ban.....

Tags : Conspiratorial agreement, Damages, Jurisdiction


Once Court recognized its jurisdiction over a public interest matter, applicant is not entitled to halt proceedings by unilateral withdrawal(14.09.2018)

Issue involved in present case was relating to maintainability of proceedings initiated vide Show Cause Notice No. 70/2012 dated 14th June 2012 (SCN').....

Tags : Jurisdiction, Complaint, Withdrawal



In the instant case the Apple group of companies is involved in the design, manufacture and marketing of various mobile communication and media device.....

Tags : Jurisdiction, Exhaustion, Patent


A mere link between a claim which engages Article 24(2) of Recast Regulation and one which does not is not sufficient to bring latter within scope of that provision(29.07.2019)

Present appeal is concerned with the interpretation of Article 24(2) of the Brussels I Recast Regulation (Parliament and Council Regulation (EU) of 12.....

Tags : Jurisdiction, Regulation, Applicability


Any order for further and better discovery is discretionary and the discretion must be exercised having regard to the objectives of case management(25.06.2020)

Present is the Plaintiff's application for discovery orders. The Plaintiff is seeking orders requiring the second Defendant to discover all applicatio.....

Tags : Discovery orders, Entitlement, Jurisdiction


Labour Court has concurrent jurisdiction with civil courts to hear and determine any matter concerning a contract of employment(18.09.2019)

The narrow issue in present appeal is whether the Gauteng Division of the High Court, Johannesburg, had the jurisdiction to determine the Appellant’s .....

Tags : Salary, Labour Court, Jurisdiction


When reviewable error is established, discretion to grant relief under Section 36(4) of the Magistrates Court Act, 2004 is enlivened(02.06.2020)

In present matter, on 4 September 2015, the second Respondent applied for and was granted a restraining order against the Applicant. The application w.....

Tags : Summons, Service of, Jurisdictional error


Blast from the Past

Party partaking in arbitration waives right to object validity(21.02.2002)

By participating in arbitration proceedings without protest, or objection before a court at the initial stage, a party is deemed to have waived its ri.....

Tags : arbitration, jurisdiction, acquiescence, participation, without protest