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Jurisdiction

Case BriefsSupreme Court

Are words “tries an offence” more appropriate than “tries an offender” in section 461(l) CrPC? Here’s what SC says

Supreme Court: The single judge bench of V. Ramasubramanian, J has held that the issue of jurisdiction of a court to try

Published on September 30, 2020October 2, 2020By Prachi Bhardwaj
Leave a comment6131 views
Case BriefsHigh Courts

Del HC | Will the jurisdiction to address issues of oppression and mismanagement, elections to board of directors of company, etc., vest exclusively with NCLT? HC considers

Delhi High Court: Najmi Waziri, J., while addressing the present matter considered the following issues: Whether elections to the Board of Directors of

Published on September 22, 2020October 2, 2020By Bhumika Indulia
Leave a comment5907 views
Case BriefsHigh Courts

Del HC | If a petition involving industrial dispute has no ‘exceptional circumstances ‘ but does have statutory remedy available, can it still be entertained by Court? HC discusses SC’s principles

Delhi High Court: J.R. Midha, J., while addressing the present petition observed the principle laid down by the Supreme Court of India with

Published on September 21, 2020October 2, 2020By Bhumika Indulia
1 Comment6128 views
Case BriefsHigh Courts

Bom HC | Under what circumstances can drastic action be taken against trustee under S. 41-D of Bombay Public Trust Act? Provision explained

Bombay High Court: Anil S. Kilor, J., while addressing the present petition observed that, “Unless and until the lapse on part of the

Published on September 18, 2020October 10, 2020By Bhumika Indulia
Leave a comment10523 views
Case BriefsHigh Courts

Cal HC | Can a transferee claim that he being the transferee of an establishment is not liable to pay dues accruing before the transfer under ESI Act? HC explains

Calcutta High Court: Ravi Krishan Kapur, J., while addressing an issue pertaining to Employees’ State Insurance Act, 1948, observed that, The ESI Act

Published on August 31, 2020September 4, 2020By Bhumika Indulia
Leave a comment4104 views
Case BriefsForeign Courts

UK SC | Whether a court in the United Kingdom has jurisdiction to grant an injunction to restrain the infringement of a UK patent? [Detailed Report]

Supreme Court of the United Kingdom: While deciding the instant appeal raising questions important to the international market in telecommunications such as

Published on August 28, 2020April 2, 2021By Editor_4
Leave a comment2529 views
Case BriefsHigh Courts

Sikk HC | Whether a private function comes within ambit of broad interpretation of “workplace” in POSH Act?: HC to determine

Sikkim High Court: Bhaskar Raj Pradhan, J.has framed an eminent question for determination which will have an impact on the dispensation of justice

Published on August 28, 2020September 4, 2020By Bhumika Indulia
1 Comment3530 views
Case BriefsHigh Courts

P&H HC | Court declines to entertain writ petition, directs petitioner to seek alternate remedy available under the Agreement

Punjab and Haryana High Court: The Division Bench of Dr S. Muralidhar and Avneesh Jhingan, JJ., dismissed the instant petition upon discovery

Published on August 18, 2020August 21, 2020By Editor_4
1 Comment2904 views
Case BriefsHigh Courts

Del HC | Remedy regarding service matters for members of All India Services lies only with CAT: Court while dismissing writ petition

Delhi High Court: Jyoti Singh, J., refused to entertain a writ petition filed by a member of All India Services holding that the

Published on July 13, 2020July 17, 2020By Bhumika Indulia
1 Comment6815 views
Case BriefsHigh Courts

All HC | Court discharges ‘parens patriae’, appoints wife as guardian of the husband in comatose condition; highlights absence of no legislation regarding the same

Allahabad High Court: The Division Bench of Shashi Kant Gupta and Saurabh Shyam Shamshery, JJ., allowed the plea by the wife seeking 

Published on June 17, 2020June 26, 2020By Bhumika Indulia
Leave a comment2984 views
Case BriefsHigh Courts

[Abetment to Suicide] Del HC | Deceased appeared to be of weak character, not in a position to face ups and downs of life and committed suicide, no case of abetment

Delhi High Court: Rajnish Bhatnagar, J., while addressing petition in regard to matrimonial discord resulting into husband committing suicide held that, “…deceased/husband appears

Published on June 9, 2020June 19, 2020By Bhumika Indulia
Leave a comment4625 views
Op EdsOP. ED.

Article 131: Manufacturing a ‘Dispute’ Where None Exists

by Ivan & Vivek Mathur*

Published on April 14, 2020July 14, 2020By Bhumika Indulia
Leave a comment5625 views
Case BriefsForeign Courts

SL CoA | Application of writ should be filed without delay; Court dismisses appeal stating delay was without a valid reason

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: A Division Bench of Vasantha Kodagoda and Arjuna Obeyesekere, JJ., dismissed

Published on January 22, 2020January 22, 2020By Bhumika Indulia
Leave a comment3609 views
Case BriefsHigh Courts

Utt HC | Jurisdiction under S. 482 CrPC should not be exercised to stifle or scuttle the legitimate prosecution

Uttaranchal High Court: Lok Pal Singh, J., addressed an application that sought to quash criminal proceedings under Sections 420, 468, 471 of

Published on December 27, 2019By Bhumika Indulia
Leave a comment2899 views
Case BriefsForeign Courts

UK SC | Court has jurisdiction to grant equitable relief from forfeiture of rights to make specific use of neighbouring land granted in a perpetual licence

United Kingdom Supreme Court: A Full Bench of Lord Carnwath, Lady Black, Lord Briggs, Lady Arden and Lord Kitchin, JJ. dismissed the

Published on December 10, 2019December 12, 2019By Bhumika Indulia
Leave a comment1878 views
Case BriefsHigh Courts

Tri HC | Court is not vested with jurisdiction to replace policy decision of the government

Tripura High Court: Arindam Lodh, J. dismissed a writ petition by the petitioner challenging the show cause notice issued against him whereby

Published on December 10, 2019December 12, 2019By Bhumika Indulia
Leave a comment2558 views
Case BriefsHigh Courts

Bom HC | Magistrate’s wide jurisdiction to acquit the accused under S. 256 (1) CrPC explained

Bombay High Court: K.R. Shriram, J., dismissed a criminal appeal filed against the order of the Metropolitan Magistrate whereby he had acquitted the

Published on November 29, 2019December 2, 2019By Bhumika Indulia
Leave a comment7781 views
Cyril Amarchand MangaldasExperts Corner

Section 9-A of the Civil Procedure Code: Understanding Jurisdiction, A Coat of many colours

by Ankoosh Mehta (Partner), Dhvani Shah (Senior Associate) and Sanika Gokhale (Associate), Cyril Amarchand Mangaldas

Published on November 13, 2019November 13, 2019By Bhumika Indulia
1 Comment20192 views
Legislation UpdatesNotifications

Registrar of Companies Jammu shall have jurisdiction in respect of UT of J&K and UT of Ladakh

S.O.3955(E).— In exercise of the powers conferred by sub-sections (1) and (2) of Section 396 of the Companies Act, 2013 (18 of

Published on November 2, 2019November 4, 2019By Bhumika Indulia
Leave a comment2380 views
Case BriefsHigh Courts

Bom HC | Magistrate’s Court at Mumbai held to have jurisdiction to try complaint under S. 498 A IPC although alleged offence committed in USA

Bombay High Court: S.S. Shinde, J. dismissed a petition while reiterating the decisions of the Supreme Court in the case, Nikita v.

Published on October 15, 2019October 16, 2019By Bhumika Indulia
Leave a comment3877 views

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