Jurisdiction

Case BriefsHigh Courts

Del HC | Writ petition filed by Officer of Indian Army for quashing FIR held not maintainable as substantial part of alleged offence occurred in Nagaland

Delhi High Court: Vibhu Bakhru, J. dismissed a writ petition filed by a serving officer of the Indian Army seeking to quash an

Case BriefsHigh Courts

Kar HC | ‘Nurses’ cannot be categorized as ‘medical practitioners’ under Karnataka Medical Registration Act

Karnataka High Court: B. Veerappa, J. allowed a petition filed by two nurses for quashing of an order whereby they were held

Case BriefsHigh Courts

Jhar HC | Industrial Tribunal cannot go beyond the terms of reference to pass an award

Jharkhand High Court: Rajesh Kumar, J., modified the order passed by the tribunal to the extent that relief granted by the Tribunal is

Case BriefsHigh Courts

J&K HC | Crime Branch has no jurisdiction over matters beyond territory of J&K; matter transferred to CBI

Jammu & Kashmir High Court: Dhiraj Singh Thakur, J. allowed a petition to direct the CBI to take charge of the present

Case BriefsHigh Courts

Pat HC | Court’s jurisdiction only extends to checking whether order of Writ Court has been complied with; appropriate forum may be approached to seek directions on merit

Patna High Court: Ahsanuddin Amanullah, J. disposed of the writ petition saying that the petitioner should approach the appropriate forum, in accordance

Case BriefsHigh Courts

Utt HC | DM held competent authority for taking cognizance of ‘offence’ under S. 14-A of U.P. Industrial Dispute Act

Uttaranchal High Court: Sudhanshu Dhulia, J. entertained a writ petition where the petitioner, a workman was aggrieved by the order of the

Case BriefsTribunals/Commissions/Regulatory Bodies

SAT | In case of violation of market norms (withholding of dividends), it is SEBI’s duty to inquire and take action under S. 124 of Companies Act

Securities Appellate Tribunal (SAT), Mumbai: Coram of Justice Tarun Agarwala (Presiding Officer), Dr C.K.G. Nair (Member), and Justice M.T. Joshi (Judicial Member)

Case BriefsHigh Courts

Utt HC | Error of law can be corrected by a writ but not an error of fact; held, the jurisdiction to issue a writ of certiorari is supervisory and not appellate

Uttaranchal High Court: A Division Bench of Ramesh Ranganathan, C.J. and Alok Kumar Verma, J. entertained a writ petition which was initially

Case BriefsHigh Courts

Gau HC | Ordering custody of child to be given to mother is beyond jurisdiction of S. 97 CrPC, order to be confined to finding of “wrongful confinement”

Gauhati High Court: Rumi Kumar Phukan, J. allowed a criminal petition filed against the order of the trial court whereby the petitioner-husband was

Case BriefsHigh Courts

Bom HC | Court does not have jurisdiction to order payment of wages under S. 129 of Merchant Shipping Act; held, shipping master solely empowered therefor

Bombay High Court: K.R. Shriram, J. dismissed an admiralty suit filed by the plaintiff insofar as he claimed wages under the provision of

Case BriefsTribunals/Commissions/Regulatory Bodies

NCLAT | NCLT has jurisdiction to deal with all issues pertaining to rectification of register of members, and questions incidental and peripheral thereto  

National Company Law Appellate Tribunal (NCLAT): A Coram of Justice A.I.S Cheema (Judicial Member) and Justice Balvinder Singh (Technical Member) set aside

Case BriefsHigh Courts

MP HC | In absence of any offence punishable under Companies Act, Special Court doesn’t have jurisdiction to try the case which is punishable under IPC

Madhya Pradesh High Court: S.K. Awasthi, J.  dismissed the petition on the ground that trial court and not Special Court are competent

Case BriefsHigh Courts

Gau HC | HC has no jurisdiction under Art. 226 to transfer proceedings pending before one Foreigners’ Tribunal to another Foreigners’ Tribunal

Gauhati High Court: A Division Bench of Manojit Bhuyan and Manish Choudhury, JJ. dismissed a writ petition seeking transfer of proceedings from

Case BriefsHigh Courts

Kar HC | Jurisdiction of Court under Art. 226 is equitable and discretionary; writ appeal dismissed for delay of nearly four decades

Karnataka High Court: The Division Bench of Abhay S. Oka, CJ and H.T. Narendra Prasad, J. dismissed the appeals on the ground

Case BriefsHigh Courts

Bom HC | Appellate Authority for GST has jurisdiction to advert to ‘new grounds’ in support of its decision, that were not raised before the Advance Ruling Authority

Bombay High Court: A Division Bench of M.S. Sanklecha and M.S. Sonak, JJ. while allowing the petition filed against the order of the

Case BriefsHigh Courts

Utt HC | Judgment of a Competent Court is binding inter-parties and cannot be re-agitated in collateral proceedings even if erroneous

Uttaranchal High Court: A Division Bench of Ramesh Ranganathan and R.C. Khulbe, JJ. contemplated a writ petition, where the petitioner who was

Case BriefsHigh Courts

Del HC | Wife entitled to lodge FIR under S. 498-A IPC from parental place where she takes refuge even in absence of allegation of harassment at the said place

Delhi High Court: Mukta Gupta, J. dismissed a writ petition wherein the petitioner husband sought quashing of FIR registered under Section 498-A, 406 and

Case BriefsHigh Courts

Utt HC | Barring an election petition for non-issue of notice to opposite party – beyond jurisdiction when prescribed authority did not frame an issue regarding S. 80 CPC

Uttaranchal High Court: Lok Pal Singh, J. dismissed a writ petition filed by a village pradhan challenging the order of District Court

Case BriefsTribunals/Commissions/Regulatory Bodies

NCLAT | Appeal under S. 61 IBC not maintainable in absence of decision by Adjudicating Authority

National Company Appellate Tribunal (NCLAT): The Bench comprising of S.J. Mukhopadhaya, J. (Chairperson) and A.I.S Cheema, J. and Kanthi Narahari, Members, Judicial and

Case BriefsHigh Courts

Ker HC | Minority Commission doesn’t have jurisdiction to pass order directing issuance of revenue documents to individual member of community

Kerala High Court: A. Muhamed Mustaque, J. set aside an order given by the Minority Commission whereby Tahsildar and Village Officer were