Search Results for "District Judge Jurisdiction"

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Supreme Court Allows Appeal in Rape Case, Holds Offences Under Sections 376, 504, 506 IPC Form Same Transaction for Joint Trial Under Section 220 CrPC. The Court set aside the discharge of the accused for lack of territorial jurisdiction and directed trial for all offences together.

The Supreme Court allowed an appeal against the High Court's order upholding the discharge of the accused-respondent No. 2 for the offence under Secti...

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Bombay High Court Dismisses Judgment Debtors' Writ Petitions Challenging Attachment in Execution of Foreign Decree. Court Holds That Objections Under Order 21 Rule 58 CPC Must Be Raised Before Executing Court, Not by Writ Petition.

The judgment pertains to two writ petitions filed by judgment debtors challenging the attachment of their property in execution of a foreign decree. T...

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Bombay High Court Dismisses Appeal Against Revocation of Leave Under Clause XII of Letters Patent Act in Arbitration Petition. Court Holds That Cause of Action for Section 9 Petition Arises Where Arbitration Agreement Is Situated, Not Where Interim Relief Is Sought.

The appeal arose from a judgment of the learned Single Judge of the Bombay High Court, who allowed Chamber Summons No. 905 of 2013 filed by Respondent...

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Bombay High Court Dissents That Designated Court Under MCOC Act Cannot Order Investigation Under Section 156(3) CrPC Without Prior Sanction. Special Court Not a Magistrate and Section 23(1) Bar Overrides Private Complaint Procedure.

The Bombay High Court heard a batch of writ petitions involving a common legal question: whether a designated court under the Maharashtra Control of O...

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Bombay High Court Holds Caste Certificate Must Be from Native Place Authority in Scheduled Tribe Claim Case. Full Bench Answers Reference Affirmatively, Overruling Niraj More's View on Jurisdictional Validity of Caste Certificates.

The case arose from a reference made by a Division Bench in Rajendra Thakur v. State of Maharashtra, which disagreed with the earlier Division Bench d...

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Karnataka High Court Dismisses Writ Petition Seeking Prohibition Against Commercial Court in Arbitration Matter. Commercial Court's Jurisdiction Upheld Under Section 2(1)(c) of Commercial Courts Act, 2015, and Petitioner Estopped from Challenging Jurisdiction After Having Earlier Invoked It.

The writ petition was filed under Article 226 of the Constitution of India seeking a writ of prohibition to restrain the LXXXV Additional City Civil a...

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High Court of Bombay at Goa Hears Writ Petition Challenging Administrative Tribunal Orders in Mundkarial Dispute. Key Issue Whether Mamlatdar Had Jurisdiction to Determine Mundkarial Rights When Reference Was Made Under Section 32 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

The litigation originated from two civil suits filed in 1992 by M/s. Suvarn Rajaram Bandekar Discretionary Trust against one Armando Cardozo for remov...