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
Jurisdiction
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
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.
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
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
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
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
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
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
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)
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
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
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
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
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
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
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
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
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
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