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Jurisdiction

Case BriefsSupreme Court

UPPSC 2018: Judgment of Allahabad HC disturbing the answer key reversed holding it to be excessive use of jurisdiction

Supreme Court: While addressing the ongoing issue relating to the discrepancy in preliminary examinations conducted for Uttar Pradesh Public Service Commission  2018,

Published on June 15, 2018June 21, 2018By Bhumika Indulia
Leave a comment4150 views
Case BriefsHigh Courts

Court exercises “parens-patriae” jurisdiction for a minor female’s welfare

Himachal Pradesh High Court: The Single Judge Bench comprising of Tarlok Singh Chauhan, J., addressed a very unusual petition in which the

Published on May 25, 2018June 15, 2018By Saba
Leave a comment7823 views
Legislation UpdatesStatutes/Bills/Ordinances

Ordinance promulgated to widen jurisdiction of commercial courts, create appellate courts and mandate mediation in certain disputes

The Government on May 3 published an Ordinance in the Gazette of India which made major changes to the Commercial Court structure

Published on May 7, 2018By Saba
Leave a comment3176 views
Case BriefsHigh Courts

State Women Commission has no jurisdiction to interfere in service matters which are governed by statutory rules

Allahabad High Court: A Single Judge Bench comprising of Amit Sthalekar, J. ordered the petitioner (wife of a retired government servant) to

Published on April 25, 2018April 27, 2018By Saba
Leave a comment3242 views
Case BriefsSupreme Court

Appellate Officer under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 is not a persona designate but a pre-existing judicial authority

Supreme Court: Deciding the question as to whether the order passed by the City Civil Court in exercise of power under Section

Published on February 21, 2018February 22, 2018By Prachi Bhardwaj
Leave a comment6450 views
Case BriefsSupreme Court

Enforcement of an award can be filed anywhere in the country where such decree can be executed; No transfer required

Supreme Court: The bench of J. Chelameswar and SK Kaul, JJ held that the enforcement of an award through its execution can

Published on February 16, 2018February 21, 2018By Prachi Bhardwaj
Leave a comment4914 views
Case BriefsHigh Courts

S. 17 CPC envisages a suit being instituted in one of the several courts within whose jurisdiction properties may be situated

Calcutta High Court: A civil petition was decided by a Single Judge Bench comprising of Sanjib Banerjee, J., wherein the orders of

Published on February 12, 2018By Saba
Leave a comment3838 views
Case BriefsHigh Courts

Commercial transaction within the jurisdiction of court has to be established in a passing off action

Delhi High Court: A Single Judge Bench of the Delhi High Court returned a plaint on grounds of want of jurisdiction and

Published on January 18, 2018January 25, 2018By Saba
Leave a comment3394 views
Case BriefsHigh Courts

While exercising jurisdiction under Article 227, High Court should not act like a bull in a China shop

High Court of Madhya Pradesh, Jabalpur: Recently, a petition under Article 227 of the Constitution was filed before the High Court against

Published on December 4, 2017By Saba
Leave a comment5302 views
National Consumer Disputes Redressal Commission
Case BriefsTribunals/Commissions/Regulatory Bodies

Jurisdiction of consumer forum is not ousted even if the other party has filed suit on the same matter in Civil Court

National Consumer Disputes Redressal Commission: The grievance of the petitioner in a recent case before the Commission was that appellants/complainants had entered

Published on November 29, 2017December 8, 2017By Saba
Leave a comment8351 views
Case BriefsHigh Courts

Any statute ousting the jurisdiction of Civil Court is required to be strictly construed

High Court of Himachal Pradesh: A Single Judge Bench of Tarlok Singh Chauhan, J. dismissed a Regular Second Appeal holding that in

Published on October 26, 2017By Saba
Leave a comment7179 views
Case BriefsSupreme Court

2002 Amendment to Section 26 of SEBI Act is retrospective in nature; All offences committed before 29.10.2002 will stand vested in the new forum

Supreme Court: In the case where it was argued that for offences allegedly committed under Section 26(2) of the Securities and Exchange

Published on August 21, 2017August 25, 2017By Prachi Bhardwaj
Leave a comment6481 views
Op EdsOP. ED.

SEBI Circulars cannot be challenged in SAT: Rules Supreme Court of India

By Mr. Audip Ghosh, Senior Associate Partner at ROYZZ & CO. He can be contacted at audip[at]royzz[dot]com.

Published on April 7, 2017April 6, 2021By Prachi Bhardwaj
Leave a comment9664 views
Case BriefsSupreme Court

Armed Forces Tribunal has jurisdiction to hear the appeals arising out of court martial verdicts qua GREF personnel

Supreme Court: Deciding the question as to the scope of power of Armed Forces Tribunal to hear the appeals arising out of

Published on February 2, 2017February 27, 2017By Prachi Bhardwaj
Leave a comment5365 views
Case BriefsSupreme Court

Civil Court will not cease to have jurisdiction to try the suit of eviction if the suit property comes under notified area during pendency of the suit

Supreme Court: Dealing with the question as to whether the Civil Court would cease to have jurisdiction to try the suit of

Published on October 19, 2016October 29, 2016By Prachi Bhardwaj
Leave a comment10449 views
Case BriefsSupreme Court

Arithmetical approach in allowing recall of witness can be dangerous

Supreme Court: In the matter where the accused persons has sought for recall of the witnesses under Section 311 read with Section

Published on August 27, 2016January 21, 2017By Sucheta
1 Comment6673 views
Supreme Court

Bhaskaran case on dishonour of cheque stands overruled

Supreme Court: Calling in question the decision of 2-judge bench in K. Bhaskaran v. Sankaran Vaidhyan Balan,  (1999) 7 SCC 510, famously

Published on August 8, 2014October 14, 2015By Sucheta
2 Comments17060 views
Case BriefsHigh Courts

Wakf Tribunal has the jurisdiction over matters relating to, both, registered and unregistered Wakfs

Andhra Pradesh High Court- Deciding a case disputing the jurisdiction of the A.P. State Wakf Tribunal (Tribunal) in relation to the unregistered

Published on June 30, 2014October 8, 2015By Sucheta
Leave a comment4866 views

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