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Jurisdiction

Case BriefsHigh Courts

Chief Judicial Magistrate is authorized to entertain applications under Section 14 of the SARFAESI Act, 2002: Kerala HC

Kerala High Court: A Single Judge Bench comprising of Devan Ramachandran, J. dismissed a civil writ petition calling into question the statutory

Published on December 24, 2018December 26, 2018By Bhumika Indulia
Leave a comment7475 views
Case BriefsHigh Courts

Civil court has no jurisdiction to direct Commissioner of Police to organise training programme: Delhi HC

Delhi High Court: While disposing of a petition, a Single Judge Bench comprising of Yogesh Khanna, J. set aside the directions given by

Published on December 24, 2018December 27, 2018By Bhumika Indulia
Leave a comment3237 views
Case BriefsSupreme Court

SC explains High Court’s jurisdiction in regard to scope of deciding a “Note for clarification of Minutes”

Supreme Court: A Bench comprising of A.K. Sikri, Ashok Bhushan and M.R. Shah, JJ. disposed of a matter concerning execution of conveyance deed

Published on December 17, 2018December 18, 2018By Bhumika Indulia
Leave a comment6518 views
Case BriefsHigh Courts

Section 110 of the Panchayat Raj Act, 2006 does not vest Gram Kutchery with jurisdiction to decide complicated issues of law and title: Patna HC

Patna High Court: A Division bench comprising of Dr Ravi Ranjan and Madhuresh Prasad, JJ. while hearing a civil writ petition quashed

Published on November 24, 2018November 28, 2018By Bhumika Indulia
Leave a comment4010 views
Case BriefsHigh Courts

Civil Court has jurisdiction to decide issues relating to cancellation of document alleged to be brought into existence by committing fraud

Patna High Court: A Single Judge Bench comprising of Sanjay Kumar, J. set aside a trial court order abating a title suit

Published on November 14, 2018November 16, 2018By Bhumika Indulia
Leave a comment9186 views
Case BriefsHigh Courts

Karnataka HC declines to entertain PIL pertaining to encroachments on public roads holding that the same required determination of questions of fact

Karnataka High Court: A Division bench comprising of Dinesh Maheswari and S.G. Pandit, JJ. while hearing a civil writ petition declined to

Published on November 1, 2018November 5, 2018By Bhumika Indulia
Leave a comment3232 views
National Consumer Disputes Redressal Commission
Case BriefsTribunals/Commissions/Regulatory Bodies

Complaints involving claim value of less than Rs. 1,00,00,000/- do not fall under the jurisdiction of NCDRC

National Consumer Disputes Redressal Commission (NCDRC): A Division Member Bench of Anup K Thakur, C. Viswanath, Members, dismissed a complaint at the

Published on October 11, 2018November 20, 2018By Bhumika Indulia
Leave a comment4134 views
National Consumer Disputes Redressal Commission
Case BriefsTribunals/Commissions/Regulatory Bodies

Matters of medical negligence, in the absence of allegations of fraud or forgery, are amenable to the jurisdiction of consumer fora

National Consumer Disputes Redressal Commission (NCDRC): A Division Bench of S.M. Kantikar and Dinesh Singh, Members, allowed an appeal filed against the

Published on October 9, 2018November 19, 2018By Bhumika Indulia
Leave a comment3391 views
Case BriefsHigh Courts

Withdrawal of a suit can be allowed under Order XXIII Rule 3 of CPC if the defect is formal in nature and such that has no effect on merits of the case

Jammu & Kashmir High Court: A Single Judge bench comprising of Rashid Ali Dar, J. while dealing with a civil revision petition

Published on October 1, 2018October 4, 2018By Bhumika Indulia
Leave a comment14655 views
Case BriefsHigh Courts

Court, where minor ordinarily resides, has jurisdiction under Section 9(1) of Guardians and Wards Act, 1890

Kerala High Court: The question before a 2-Judge Bench comprising of C.K. Abdul Rehim and R. Narayana Pisharadi, JJ., was to determine

Published on September 19, 2018September 20, 2018By Bhumika Indulia
Leave a comment16826 views
Constitutional-Court-of-South-Africa
Case BriefsForeign Courts

Proceedings not rendered unfair just because applicability of Minimum Sentences Act, 1997 not indicated in charge-sheet:  Constitutional Court of South Africa

Constitutional Court of South Africa: A 10-Judge Bench comprising of CJ Mogoeng and Cachalia, Dlodlo, Goliath, Petse, AJ., Froneman, Jafta, Khampepe, Madlanga,

Published on September 18, 2018September 18, 2018By Bhumika Indulia
Leave a comment2225 views
Case BriefsHigh Courts

Inherent power of the HC to recall orders in criminal cases: A tool to be used in exceptional cases

Jammu & Kashmir High Court: A Single Judge Bench of M.K. Hanjura, J., allowed an application filed against the order dismissing the

Published on August 29, 2018August 30, 2018By Bhumika Indulia
Leave a comment7074 views
Case BriefsHigh Courts

Clause ousting jurisdiction of courts held valid, Gauhati HC directs petitioner to pursue remedy before Delhi courts

Gauhati High Court: A Single Judge Bench comprising of Kalyan Rai Surana, J. dismissed a revision petition filed under Section 115 CPC

Published on August 27, 2018August 30, 2018By Bhumika Indulia
Leave a comment2668 views
Case BriefsHigh Courts

Civil Court cannot have jurisdiction in matters covered under SARFAESI Act, 2002 just because fraud is alleged

Punjab and Haryana High Court: In this case, two revision petitions were disposed of together by a Single Judge Bench comprising of

Published on August 20, 2018August 22, 2018By Bhumika Indulia
Leave a comment10114 views
Case BriefsHigh Courts

Section 14 NCTE Act, 1993 grants recognition or non-recognition to an institution; State Government has no scope over it

Bombay High Court: A Single Judge Bench comprising of S.C. Gupte, J., addressed a petition in which challenge was made to the

Published on August 16, 2018August 18, 2018By Bhumika Indulia
Leave a comment6919 views
Case BriefsInternational Courts

ICJ finds partial jurisdiction under Optional Protocol to Vienna Convention to entertain Application of Equatorial Guinea against France

International Court of Justice ( ICJ): On 13 June 2016, Equatorial Guinea instituted proceedings against France in ICJ with regard to a

Published on July 4, 2018By Saba
Leave a comment3030 views
Case BriefsHigh Courts

Section 17 of SARFAESI Act provides remedy before DRT against the order of District Magistrate

Madhya Pradesh High Court: In a matter arising under Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act,

Published on June 27, 2018June 27, 2018By Bhumika Indulia
Leave a comment15942 views
Case BriefsHigh Courts

A show cause notice issued by an Authority lacking jurisdiction is invalid

Madras High Court: A Division Judge Bench comprising of Indira Banerjee, CJ. and M. Sundar, J., allowed a writ appeal filed against

Published on June 22, 2018By Bhumika Indulia
Leave a comment6937 views
Canada SC
Case BriefsForeign Courts

Courts do not have the jurisdiction of ‘Judicial Review’ for the decisions’ of religious organizations, unless the legal rights are at stake

Supreme Court of Canada: The Canadian Supreme Court Bench comprising of McLachlin C.J. and Abella, Moldaver, Karakatsania, Wagner, Gascon, Cote, Brown and

Published on June 16, 2018July 3, 2018By Bhumika Indulia
Leave a comment3432 views
Case BriefsHigh Courts

Antrix-Devas Dispute: HC allows Bangalore City Civil Court to decide upon jurisdiction in the matter

Delhi High Court: The Division Bench comprising S. Ravindra Bhat and Yogesh Khanna, JJ. set aside the decision of the Single Bench

Published on June 15, 2018June 22, 2018By Bhumika Indulia
Leave a comment2881 views

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