27 June 2022


Search Results for Tag : Jurisdiction

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

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Statute

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

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International Cases

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

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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

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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

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INTELLECTUAL PROPERTY LAW(22.05.2018)

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

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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

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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

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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

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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

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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

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Council’s disciplinary functions are not limited to instances relating to criminal conviction; it is the Council’s duty to act against conduct that is improper, unethical(15.01.2021)

In present matter, on 25 November 2014, the Respondent, Dr. David Grieve, appeared before the professional conduct committee (the committee) of the fi.....

Tags : Council, Jurisdiction, Disciplinary proceedings

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High Court would have jurisdiction over matters specified in Section 62(2) of Competition Act, 1998, unless such jurisdiction was specifically and expressly ousted(08.04.2021)

Present is an appeal against a decision of the High Court, in terms of which it dismissed an application under Rule 30 of the Uniform Rules , brought .....

Tags : Provision, Applicability, Jurisdiction

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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

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High Court has jurisdiction to grant a forfeiture order in terms of the Prevention of Organised Crime Act(03.05.2021)

In present matter, on 28 July 2017, the high Court granted an ex parte application for a preservation order, in terms of Section 38 of the Prevention .....

Tags : Jurisdiction, Unlawful activity, Forfeiture order

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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

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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

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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

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News

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

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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

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ITAT, Kolkata: Limitation for Revisionary Jurisdiction Runs from Assessment Date Order(06.04.2022)

Income Tax Appellate Tribunal, Kolkata has observed that the limitation period for exercising revisionary jurisdiction runs from the date of assessmen.....

Tags : Income Tax Appellate Tribunal, Kolkata, limitation period, revisionary jurisdiction, assessment order, Section 263 of Income Tax Act, 1961

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ITAT, Mumbai: Revisional Jurisdiction Invoked for Lack of Inquiry, Not for Inadequate Inquiry(08.04.2022)

Income Tax Appellate Tribunal, Mumbai has ruled that the revisional jurisdiction can be invoked only for lack of inquiry and not for inadequate inquir.....

Tags : Income Tax Appellate Tribunal, Revisional Jurisdiction, lack of inquiry, section 263, Income Tax Act, 1961

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Delhi HC: Petition Under Article 227 Based on Violation of Legal Provisions Can't Be Allowed(08.04.2022)

Delhi High Court has ruled that a petition under Article 227 of the Constitution of India, 1949 cannot be allowed against an order passed under Sectio.....

Tags : Delhi High Court, Section 16(3), Arbitration and Conciliation Act, 1996, Article 227, Constitution, Tribunal, Jurisdiction

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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

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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

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SC Asks AG to Consider Whether NGT's Jurisdiction Can Be Extended to Wildlife Protection Act(16.12.2020)

Supreme Court has asked Attorney General of India, KK Venugopal if the jurisdiction of the National Green Tribunal can be extended under the Wildlife .....

Tags : Supreme Court, Jurisdiction of National Green Tribunal

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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

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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

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SC: State’s Nod Must for Centre to Extend CBI Jurisdiction(19.11.2020)

Supreme Court has said that the provision making the state government’s consent mandatory for a Central Bureau of India probe in their respective juri.....

Tags : Supreme Court, CBI Jurisdiction

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Bombay HC: NCLT Has No Jurisdiction to Examine Legality of Action Taken Under MPID Act(23.11.2020)

Bombay High Court has held that the National Company Law Tribunal has no jurisdiction to examine the legality or validity of action taken under the Ma.....

Tags : Bombay High Court, National Company Law Tribunal, Jurisdiction

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Allahabad HC: Writ Jurisdiction for FIR Can’t be Invoked Without Availing Statutory Remedies(06.01.2021)

Allahabad High Court has observed that informants/ complainants should not directly invoke the writ jurisdiction of the High Court for direction to th.....

Tags : Allahabad High Court, Writ Jurisdiction of FIR

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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

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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

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Calcutta HC: Writ Jurisdiction Can be Invoked Despite Availability of Alternative Remedy(03.02.2021)

Calcutta High Court has held that a writ petition Article 226 of the Constitution of India, 1949, challenging the jurisdiction of National Company Law.....

Tags : Calcutta High Court, Writ Jurisdiction

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Madras HC: Article 226 Empower High Court to Exercise Writ Jurisdiction at Pre-Detention Stage(08.02.2021)

Madras High Court has held that Article 226 of the Constitution of India, 1949 empowers the High Court to exercise its writ jurisdiction even at a pre.....

Tags : Madras High Court, Writ Jurisdiction at Pre-Detention Stage

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SC: Presence of Arbitration Clause Does Not Oust Writ Jurisdiction Under Article 226(18.02.2021)

Supreme Court has observed that presence of an arbitration clause within a contract between a state instrumentality and a private party is not an abso.....

Tags : Supreme Court, Writ Jurisdiction Under Article 226

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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

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Bombay HC: When Party Does Not Object to Court's Territorial Jurisdiction, Deemed as Waived(17.03.2021)

Bombay High Court has stated that when an objection to the territorial jurisdiction of a Court is not taken by a party under Section 42 of the Arbitra.....

Tags : Bombay High Court, Objection to Territorial Jurisdiction

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Allahabad HC Issues Notice on Plea Seeking Re-Allocation of Territorial Jurisdiction(22.03.2021)

Allahabad High Court has issued notice to the Awadh Bar Association on a Public Interest Litigation seeking re-allocation of territorial jurisdiction .....

Tags : Allahabad High Court, Re-Allocation of Territorial Jurisdiction

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NCDRC: Provisions for Jurisdiction of Consumer Commissions Not Retrospective in Operation(22.03.2021)

National Consumer Disputes Redressal Commission has held that provisions regarding Jurisdiction of District, State and National Commission under Secti.....

Tags : National Consumer Disputes Redressal Commission, Jurisdiction of Consumer Commissions

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Calcutta HC: Writ Jurisdiction Shall Exist IBC Matters Despite Alternative Remedy(10.03.2021)

Calcutta High Court held that the writ jurisdiction can be invoked in the Insolvency and Bankruptcy Code (IBC) matters, despite the availability of an.....

Tags : Calcutta High Court, Writ Jurisdiction in IBC Matters

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Delhi HC: Jurisdictional Objection to be Raised at Earliest Stage(26.03.2021)

Delhi High Court has observed that a jurisdictional objection under Section 16 of the Arbitration and Conciliation Act, 1996 by its very nature would .....

Tags : Delhi High Court, Jurisdictional Objection

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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

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Bombay HC: NCLAT Has No Jurisdiction Over Petition Under Arbitration Act(14.04.2021)

Bombay High Court has held that the National Company Law Appellate Tribunal has absolutely no jurisdiction over it in a petition under the Arbitration.....

Tags : Bombay High Court, National Company law Appellate Tribunal, Jurisdiction Over Petition Under Arbitration Act

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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

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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

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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

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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

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Madras HC: CIT Can’t Invoke Revisionary Jurisdiction If Conditions u/s 263 of IT Act Not Fulfilled(10.06.2021)

Madras High Court has ruled that the Income Tax Appellate Tribunal (ITAT) rightly set aside the order passed under Section 263 of the Income Tax Act, .....

Tags : Madras High Court, Revisionary Jurisdiction

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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

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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

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ITAT, Indore: Revisional Jurisdiction Cannot be Invoked if Assessment Orders Not Erroneous(30.06.2021)

Income Tax Appellate Tribunal (ITAT), Indore has held that revisional jurisdiction under Section 263 of the Income Tax Act, 1961 cannot be invoked if .....

Tags : Income Tax Appellate Tribunal, Revisional Jurisdiction

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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

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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

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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

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Kerala HC: Constitutional Jurisdiction Cannot be Used for Deciding Disputes(21.07.2021)

Kerala High Court has held that its constitutional jurisdiction cannot be used for deciding disputes for which remedies under the civil law are availa.....

Tags : Kerala High Court, Constitutional Jurisdiction

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Gauhati HC: Foreigners Tribunal Cannot Suo Moto Assume Jurisdiction to Give Opinion(22.07.2021)

Gauhati High Court has ruled that the Foreigners Tribunal cannot suo moto assume the jurisdiction to give an opinion which is not sought while answeri.....

Tags : Gauhati High Court, Suo Moto Assumption of Jurisdiction

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SC: Not Much Scope of Going Into Question of Territorial Jurisdiction in Transfer Petition(06.08.2021)

Supreme Court observed that there is not much scope of going into the question of 'territorial jurisdiction' of a court in a Transfer Petition under S.....

Tags : Supreme Court, Territorial Jurisdiction in Transfer Petition

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SC: NCLT/NCLAT Has No Residual Equity Jurisdiction While Dealing With Resolution Plan(11.08.2021)

Supreme Court has observed that there is no residual equity based jurisdiction in the Adjudicating Authority or the Appellate Authority while dealing .....

Tags : Supreme Court, Residual Equity Jurisdiction

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MP HC: Once Jurisdictional Challenge Is Rejected, Party Has To Wait Till Stage of S. 34 Proceedings(09.09.2021)

Madhya Pradesh High Court has reiterated that the Arbitration and Conciliation Act, 1996 is a self contained code dealing with every aspect of arbitra.....

Tags : Madhya Pradesh High Court, Rejection of Jurisdictional Challenge

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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

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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

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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

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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

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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

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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

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Delhi HC: Rights of Persons With Disability Act Not An Embargo on Exercise of Parens Patriae(02.11.2021)

Delhi High Court has held that the Rights of Persons With Disability Act, 2016 Act or the Rules framed there under do not create any embargo on the ex.....

Tags : Delhi High Court, Exercise of Parens Patriae Jurisdiction

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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

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SC: Jurisdiction of High Court Hearing An Arbitration Appeal Is Distinct from First Appellate Court(16.11.2021)

Supreme Court has observed that the jurisdiction in a first appeal arising out of a decree in a civil suit is distinct from the jurisdiction of the Hi.....

Tags : Supreme Court, Jurisdiction of High Court Hearing An Arbitration Appeal

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Madras HC: No Jurisdiction Based on Location of Branch Office Where No Cause of Action Has Arisen(23.11.2021)

Madras High Court has interpreted, actually and voluntarily resides or carries on business or personally works for gain, in Section 134(2) of Trade Ma.....

Tags : Madras High Court, Jurisdiction Based on Location of Branch Office

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SC: Residuary Jurisdiction of NCLT Cannot be Invoked to Adjudicate Contractual Dispute(24.11.2021)

Supreme Court has observed that the residuary jurisdiction of the National Company Law Tribunal cannot be invoked to adjudicate contractual dispute if.....

Tags : Supreme Court, Residuary Jurisdiction of NCLT

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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

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ITAT, Ahmedabad: Mere Change of Opinion Cannot be Ground Invoking Revisional Jurisdiction(24.01.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad, has held that a mere change of opinion cannot be a ground for invoking revisional jurisdiction under .....

Tags : Income Tax Appellate Tribunal, Revisional Jurisdiction

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Delhi High Court Disposes Plea for Enhancing Pecuniary Jurisdiction of Civil Judges(01.12.2021)

Delhi High Court has disposed of a public interest litigation seeking enhancement of pecuniary jurisdiction of Civil Judges for adjudicating original .....

Tags : Delhi High Court, Pecuniary Jurisdiction of Civil Judges

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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

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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

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ITAT Revisionary Jurisdiction Can Be Invoked In A Very Gross Case Of Inadequacy(11.01.2022)

Income Tax Appellate Tribunal (ITAT), Delhi bench has held that the revisionary jurisdiction under Section 263 of the Income Tax Act, 1961 can be avai.....

Tags : ITAT, Revisionary Jurisdiction

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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

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Calcutta HC Seeks Response in Plea Challenging Expansion of BSF Jurisdiction in West Bengal(15.12.2021)

Calcutta High Court has sought response from the Central government in a Public Interest Litigation (PIL) petition challenging the Central government'.....

Tags : Calcutta High Court, Expansion of BSF Jurisdiction

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Central Government Notifies Rules on Revision of Pecuniary Jurisdiction of Consumer Commissions(31.12.2021)

Central Government has notified new rules to revise pecuniary jurisdiction for entertaining consumer complaints at district, state and national level .....

Tags : Central Government, Pecuniary Jurisdiction of Consumer Commissions

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Uttarakhand HC: Inherent Jurisdiction Must Not be Exercised Arbitrarily(09.02.2022)

Uttarakhand High Court has reiterated that inherent jurisdiction under Section 482 of Code of Criminal Procedure, 1973 must not be exercised arbitrari.....

Tags : Uttarakhand High Court, Inherent Jurisdiction

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Rajasthan HC: Disputed Question of Title of Plot Outside Scope of Extraordinary Writ Jurisdiction(14.02.2022)

Rajasthan High Court has observed that the disputed question of fact regarding title of the plot in question cannot be gone into by the High Court whi.....

Tags : Rajasthan High Court, Scope of Extraordinary Writ Jurisdiction

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Delhi HC: Mere Wrong Decision Not Enough to Attract Jurisdiction Under Article 227(03.03.2022)

Delhi High Court has observed that a mere wrong decision without anything more is not enough to attract the supervisory jurisdiction of High Court und.....

Tags : Delhi High Court, Jurisdiction Under Article 227

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Rajasthan HC: Proper Facts & Evidence Must Be Placed Before Court to Invoke PIL Jurisdiction(07.03.2022)

Rajasthan High Court has observed that a citizen approaching the court in a public interest jurisdiction holds greater duty to make full research and .....

Tags : Rajasthan High Court, PIL Jurisdiction

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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

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Orissa HC: Jurisdiction u/s 14 SARFAESI Act Can be Exercised Either by CJM or DM(25.02.2022)

Orissa High Court has held that jurisdiction under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security.....

Tags : Orissa High Court, Jurisdiction u/s 14 SARFAESI Act

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SC: Writ Petition Can be Entertained Only if Lack of Inherent Jurisdiction in Arbitrator's Order(21.09.2020)

Supreme Court has observed that a Petition under Article 227 of the Constitution of India, 1949 against dismissal of a Petition under Section 16 of th.....

Tags : Supreme Court, Lack of Inherent Jurisdiction

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Karnataka HC: Foreign Arbitral Award Enforceable if Property Within Territorial Jurisdiction(04.04.2022)

Karnataka High Court has held that an international commercial arbitral award rendered between parties that have no link with India can be enforced by.....

Tags : Karnataka High Court, international commercial, arbitral award, territorial jurisdiction

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ITAT, Mumbai: Revisional Jurisdiction Can’t be Invoked , Order of Assessment Without Reasons(04.04.2022)

Income Tax Appellate Tribunal, Mumbai, has observed that the revisional jurisdiction under section 263 of Income Tax Act, 1961 cannot be invoked while.....

Tags : Income Tax Appellate Tribunal, revisional jurisdiction, Section 263 of the Income Tax Act, 1961, M/s Reliance Payment Solutions Pvt Ltd

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Orissa HC: Revision Petition Not Maintainable Against District Court Appellate/Revisional Order(19.04.2022)

Orissa High Court has held that a revision petition under Section 115 of the Code of Civil Procedure Code,1908 is not maintainable before the High Co.....

Tags : Orissa High Court, under Section 115 of the Code of Civil Procedure ,1908, High Court, revisional jurisdiction

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ITAT, Delhi: Fulfillment of Twin Conditions is Mandatory for Invoking Jurisdiction u/s 263(19.04.2022)

Income Tax Appellate Tribunal, Delhi has observed that fulfillment of twin conditions is obligatory for invoking the jurisdiction under section 263 of.....

Tags : Income Tax Appellate Tribunal, section 263 of the Income Tax Act, 1961, jurisdiction

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Delhi HC: High Court's Supervisory Jurisdiction Over Orders Under Order 39 Rules 1&2 Restricted(26.04.2022)

Delhi High Court has ruled that the scope of interference in exercise of its supervisory jurisdiction of the High Court under Article 227 of the Const.....

Tags : Delhi High Court, Article 227, Constitution of India, Code of Civil Procedure, 1908, Order XXXIX, supervisory jurisdiction

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NCLAT: Territorial Jurisdiction Cannot be Taken Away by Agreement Between Parties(28.04.2022)

National Company Law Appellate Tribunal has observed that the territorial jurisdiction of NCLT to decide a case under the Insolvency and Bankruptcy Co.....

Tags : National Company Law Appellate Tribunal, Insolvency and Bankruptcy Code, 2016, territorial jurisdiction

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AP HC: Judicial Order Wilfully Disobeyed Can’t be Decided in Contempt Proceedings(28.04.2022)

Andhra Pradesh High Court has observed that a Court exercising contempt jurisdiction can’t test correctness or otherwise of the order or give addition.....

Tags : Andhra Pradesh High Court, contempt jurisdiction

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Kerala HC: Rule of Alternative Remedy is Rule of Discretion, Not Rule of Jurisdiction(29.04.2022)

Kerala High Court has observed that just because the court may not exercise its discretion under Article 226 of the Constitution since the availabilit.....

Tags : Kerala High Court, Article 226 of the Constitution, jurisdiction

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ITAT, Delhi: Revisional Jurisdiction Can be Invoked in Very Gross Case of Inadequacy in Inquiry(29.04.2022)

Income Tax Appellate Tribunal, Delhi has ruled that the Revisional jurisdiction under section 263 of the Income Tax Act, 1961 can be invoked in a very.....

Tags : Income Tax Appellate Tribunal, revisional jurisdiction, section 263, Income Tax Act, 1961

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ITAT, Mumbai: Revisional Jurisdiction Can be Invoked for Lack of Inquiry, Not for Inadequate Inquiry(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the revisional jurisdiction under section 263 of the Income Tax Act, 1961 can be invoked only .....

Tags : Income Tax Appellate Tribunal, revisional jurisdiction, section 263 of the Income Tax Act, 1961, lack of inquiry, inadequate inquiry

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Allahabad HC: Section 6 of GST Act is Enacted to Avoid Possibility of Conflicting Orders(11.04.2022)

Allahabad High Court has observed that section 6 of Goods and Services Tax Act, 2017 is enacted to avoid possibility of orders of conflict and holds n.....

Tags : Allahabad High Court, section 6 of Goods and Services Tax Act 2017, jurisdiction

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Delhi HC: Continuing Cause of Action in Trademark Suits No Defence to Multiple Proceedings(11.04.2022)

Delhi High Court has held that a trademark owner cannot drag a Defendant to multiple fora, being a higher court or before a court of coordinate jurisd.....

Tags : Delhi High Court, trademark owner, multiple fora, coordinate jurisdiction, forum

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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

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Rajasthan HC: Attempt to Resolve Civil Dispute by Invoking Criminal Jurisdiction is Abuse of Process(25.05.2022)

Rajasthan High Court has observed that the attempt of a complainant to get the civil dispute resolved by invoking jurisdiction of a criminal court amo.....

Tags : Rajasthan High Court, Civil Dispute, Criminal Jurisdiction

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Delhi HC: Party Cannot Dispute Jurisdiction on Account of Non-Existence of Arbitration Agreement(30.05.2022)

Delhi High Court has held that a party cannot dispute the jurisdiction on account of non-existence of the arbitration agreement

Tags : Delhi High Court, arbitrator, jurisdiction

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Delhi HC: Advisory Jurisdiction to Provide Legal Advice u/s 151 CPC(01.10.2020)

Delhi High Court has clarified that it doesn't have the advisory jurisdiction to provide legal advice to the parties in applications moved under secti.....

Tags : Delhi High Court, Advisory Jurisdiction

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Delhi HC Held That Writ Jurisdiction Cannot be Entertained If there is Alternative Remedy(05.05.2022)

Delhi High Court has declined to quash a re-assessment order on the ground that there was no violation of natural justice and the writ jurisdiction un.....

Tags : Writ Jurisdiction, Alternative Remedy, Article 226

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Allahabad HC quashes Re-Assessment Order; Says Notice Issued Without Jurisdiction is Invalid(12.05.2022)

Allahabad High Court has held that once the notice under Section 148 of the Income Tax Act, 1961, issued by the assessing authority was declared witho.....

Tags : Allahabad High Court, Section 148, Income Tax Act, 1961, jurisdiction

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Allahabad HC Quashes Re-Assessment Order; Says Notice Issued Without Jurisdiction is Invalid(12.05.2022)

Allahabad High Court has held that once the notice under Section 148 of the Income Tax Act, 1961, issued by the assessing authority was declared witho.....

Tags : Allahabad High Court, Section 148, Income Tax Act, 1961, jurisdiction

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Calcutta HC: Writ Court Cannot Impose Penalty In Exercise of Plenary Jurisdiction(13.05.2022)

Calcutta High Court has ruled that a writ Court in exercise of its powers under Article 226 of the Constitution cannot inflict a penalty which is not .....

Tags : Calcutta High Court, writ Court, Article 226, plenary jurisdiction

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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

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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

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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

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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

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Madras HC: Enforcement of a Foreign Arbitral Award can be Filed in More Than One High Court(01.06.2022)

Madras High Court has held that more than one High Court can exercise jurisdiction for the recognition and enforcement of an arbitral award if the cla.....

Tags : Madras High Court, Arbitral Award, Jurisdiction

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Allahabad HC: Writ Maintainable at Lucknow Seat if a Part of Cause Of Action Arose in Areas of Oudh(23.06.2022)

Allahabad High Court has held that a party has the option to attract the jurisdiction of the Lucknow seat of the Allahabad High Court even if a part o.....

Tags : Allahabad High Court, Writ, Lucknow Jurisdiction

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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

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ITAT, Pune: Revisional Jurisdiction Cannot be Invoked Sans Illegality in Original Re-Assessment(16.05.2022)

Income Tax Appellate Tribunal (ITAT), Pune while quashing a revisional jurisdiction under Section 263 of the Income Tax Act, 1961, has ruled that the .....

Tags : Income Tax Appellate Tribunal (ITAT), Pune, revisional jurisdiction, Section 263, Income Tax Act, 1961

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ITAT, Pune: Revisional Jurisdiction Cannot be Invoked Sans Illegality in Original Re-Assessment(16.05.2022)

Income Tax Appellate Tribunal (ITAT), Pune while quashing a revisional jurisdiction under Section 263 of the Income Tax Act, 1961, has ruled that the .....

Tags : Income Tax Appellate Tribunal (ITAT), Pune, revisional jurisdiction, Section 263, Income Tax Act, 1961

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Judgments

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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“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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Mere suspicion could not be a ground to invoke jurisdiction under Section 263 of IT Act(11.09.2020)

By way of present appeal, the Assessee contest correctness of revisional jurisdiction under Section 263 of Income Tax Act, 1961 (IT Act) as exercised .....

Tags : Suspicion, Jurisdiction, Legality

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Commission is not empowered to enquire into any complaint not falling within its jurisdiction(28.09.2020)

The Petitioner prayed for issuance of writ of mandamus declaring the impugned order passed by Respondent No. 's 1 and 2 as null and void, as the same .....

Tags : Complaint, Jurisdiction, Legality

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The question of jurisdiction is a question of law and can be raised at any point of time(17.11.2020)

The Petitioners seeks to quash Exhibit P-9 order, granting leave to Respondent to amend the plaint. Whether a civil Court can consider an application .....

Tags : Amendment, Plaint, Jurisdiction

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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

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Investigation and arrest under Immoral Traffic (Prevention) Act, 1956 has to be conducted by Special Police Officer authorized in that behalf(27.11.2020)

Petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (CrPC) to quash all further proceedings against the Petitioner/first acc.....

Tags : Jurisdiction, Proceedings, Quashing of

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Consumer complaints filed before coming into effect of Consumer Protection Act, 2019 (CPA, 2019) should continue in the fora in which they were filed as per pecuniary jurisdiction(16.03.2021)

The Appellants instituted a consumer case before the National Consumer Disputes Redressal Commission on 18 June 2020. The consumer case was instituted.....

Tags : Pecuniary jurisdiction, Complaints, filing of

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The party raising the jurisdictional objection under Section 16 of Arbitration Act has to raise it with alacrity(25.03.2021)

The Petitioners filed an application under Section 16 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) and raised an objection that, th.....

Tags : Dispute, Jurisdiction, Adjudication

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Before the scrutiny assessment is made under Section 143(3) of IT Act, issuance of notice under Section 143(2) of IT Act is mandatory(11.05.2021)

Present appeal preferred by the assessee is against the order of Learned Principal Commissioner of Income Tax, passed under Section 263 of the Income .....

Tags : Assessment, Jurisdiction, Validity

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Delivery of cover is immaterial and if department could establish that, notice was dispatched before expiry of limitation, it would be sufficient to meet the requirement of Section 149 of IT Act(28.06.2021)

The notice issued under Section 148 of the Income Tax Act, 1961 (IT Act) in proceeding as well as the impugned letter issued by the 2nd Respondent are.....

Tags : Assessment, Notice, Jurisdiction

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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,

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Once there is an arbitration clause in the agreement, it is obligatory for the court to refer the parties to arbitration in terms of the said agreement(09.11.2021)

The present petition under Article 227 of the Constitution of India impugns the judgment passed by the Additional District Judge, whereby the applicat.....

Tags : Existence, Arbitration clause, Jurisdiction

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NCLT/NCLAT has no residual equity jurisdiction while dealing with Resolution Plan approved by Committee of Creditors(10.08.2021)

Present appeal arises under Section 62 of the Insolvency and Bankruptcy Code, 2016 against a judgment of the National Company Law Appellate Tribunal. .....

Tags : Resolution Plan, CoC, Jurisdiction

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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

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NCLT does not have any residuary jurisdiction to entertain contractual dispute(23.11.2021)

Present appeal arises from a judgment of the National Company Law Appellate Tribunal. The NCLAT upheld the interim order of the National Company Law T.....

Tags : Contractual dispute, Proceedings, Jurisdiction

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Civil court cannot declare orders passed by the authorities under the ULC Act as illegal or non-est(22.11.2021)

In present matter, the trial Court by the judgment and decree decreed the suit on the ground that, possession has not been taken, before the Urban Lan.....

Tags : Possession, Suit, Jurisdiction

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While considering a petition under Section 34 of the Arbitration Act, the Court cannot act as an appellate forum(13.11.2021)

The appeal arises from a judgment of a Single Judge of the High Court. High Court not only set aside the judgment of the District Judge rejecting the .....

Tags : Award, Jurisdiction, Validity

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National Commission can direct deposit of entire or more than 50% of amount determined by State Commission for stay(07.12.2021)

The original Appellant – builder has preferred the present Appeal against impugned order passed by the National Consumer Disputes Redressal Commission.....

Tags : Pre-deposit, Condition, Jurisdiction

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High Court having an ordinary original civil jurisdiction can also execute foreign decree under Section 44A of CPC(28.01.2022)

The Appellant/decree holder has challenged the judgment of the Division Bench of the High Court relegating to file a petition for execution of a money.....

Tags : Jurisdiction, Execution, Foreign Decrees

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Special Court trying offences under I.B. Code shall be "deemed to be Court of Sessions"(14.02.2022)

Present petition under Article 227 of the Constitution of India, 1950 read with Section 482 of the Criminal Procedure Code, 1973 assails the order, "I.....

Tags : Proceedings, Jurisdiction, Legality

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For exercising power under Section 263 of IT Act, there should be material on record to prove that order is not only prejudicial to the interest of Revenue but also erroneous in nature(14.02.2022)

Present appeal by the assessee is preferred against the order of the Principal Commissioner of Income Tax [Appeals], framed under Section 263 of the I.....

Tags : Assessment, Jurisdiction, Validity

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Without prior adjudication of workmen’s disputed claim, proceedings for computation of difference of wages not maintainable under Section 33(C)(2) of ID Act(04.02.2022)

In present matter, the Respondent No.2 moved an application before the Labour Court under Section 33(C)(2) of the Industrial Disputes Act, 1947 demand.....

Tags : Wages, Adjudication, Jurisdiction

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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

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Review jurisdiction can be exercised only in a case where it is found that there is an error apparent on the face of the record and not otherwise(22.03.2022)

The Appellant filed Writ Petition before the High Court challenging the order of superannuation and seeking directions to continue him in service till.....

Tags : Review, Jurisdiction, Validity

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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

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Writ petition filed under Article 227 of Constitution before High Court is maintainable against the National Commission's Appellate Order(13.05.2022)

The original Respondent before the High Court has preferred the present appeal against impugned interim order passed by the High Court, by which the l.....

Tags : Jurisdiction, Writ petition, Maintainability

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Adjudicating authority or the Appellate Authority cannot sit in appeal over commercial wisdom Of CoC(03.06.2022)

Issue in present case is with regard to withdrawal of the application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) in view .....

Tags : Commercial wisdom, CoC, Jurisdiction

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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

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Arbitral process could be interfered under Article 226/227 of the Constitution by the High Court only in exceptional circumstances(06.01.2021)

In facts of present case, on 13th February, 1991, Respondent No. 1 entered into a contract with the Appellant to manufacture and supply bricks. The af.....

Tags : Arbitral process, Discretionary power, Jurisdiction

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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

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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

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Once the seat of arbitration is replaced by mutual agreement, changed venue becomes 'seat of arbitration'(13.04.2021)

The present appeal arises out of the impugned judgment passed by the High Court of Gujarat at Ahmedabad in which Special Civil Application filed by th.....

Tags : Venue, Jurisdiction, Mutual agreement

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Existence of an arbitration clause does not debar the court from entertaining a writ petition(12.05.2021)

Present Petition under Article 136 of the Constitution of India, 1950 filed by the Petitioner (UPPTCL), is against a final Judgment passed by the High.....

Tags : Direction, Quashing of, Jurisdiction

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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An award can be set aside only if the award is against the public policy of India(11.01.2022)

The Appellant - Haryana Tourism Limited ('Corporation') invited tenders/quotations for the supply of Aerated Cold Drinks at its Tourist Complexes for .....

Tags : Award, Arbitrator, Jurisdiction

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High Court ought not to re-examine findings of fact in its supervisory jurisdiction, unless they are shown to be manifestly unreasonable or perverse(28.02.2022)

By way of present petition under Article 227 of the Constitution of India, 1950 the Petitioner-tenant assails an order of the learned Principal Distri.....

Tags : Eviction, Jurisdiction, Legality

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Notifications & Circulars

Modi Government Decides to give FRRO, Delhi Jurisdiction over Matters Relating to Services in Respect of OCI Card Holders residing in Gautam Buddh Nagar and Ghaziabad(11.11.2020)

During the last few years, the Government under the leadership of the Prime Minister Shri Narendra Modi has taken a number of measures to facilitate t.....

Tags : FRRO, Delhi Jurisdiction, Services

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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

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Sponsor contribution to an AIF set up in overseas jurisdiction, including IFSCs(12.05.2021)

1. Attention of AD Category - I banks is invited to paragraph A.3.(e) and B.6 of Master Direction No.15 dated January 1, 2016, on "Direct Investment b.....

Tags : Sponsor contribution, AIF, Overseas jurisdiction

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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

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Enlistment under Appendix 2E to issue Certificate of Origin (Non - Preferential) for All India Jurisdiction(18.10.2021)

1. In exercise of powers conferred under paragraph 2.04 of the Foreign Trade Policy, 2015-20, the Directorate General of Foreign Trade authorizes agen.....

Tags : Enlistment, Certificate, Jurisdiction

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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

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Financial Action Task Force High risk and other monitored jurisdictions(16.11.2021)

The Financial Action Task Force (FATF), vide public document 'High-Risk Jurisdictions subject to a Call for Action' dated October 21, 2021, has called.....

Tags : Financial Action, Task Force, Jurisdictions

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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

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Consultation Paper on Cloud Computing(10.06.2016)

The Telecom Regulatory Authority of India introduced a paper read»



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

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