Articles for Jurisdiction

Civil Courts Retain Exclusive Jurisdiction For Non-Industrial Disputes & Provide Alternative Remedies For Common Law Claims: J&K High Court
1 day, 23 hours ago

Civil Courts Retain Exclusive Jurisdiction For Non-Industrial Disputes & Provide Alternative Remedies For Common Law Claims: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that if a dispute is not an industrial dispute nor relates to the enforcement of any rights under the Industrial Disputes Act, the remedy lies exclusively in a civil court. However, a bench of Justice Vinod Chatterji Koul clarified that if the dispute arises out of a right or liability …

Jurisdiction Court Civil Industrial Disputes Courts Act Exclusive
Kerala HC Extends Nodal Officer's Jurisdiction To Receive Complaints Of Victims From Film Industry Who Were Not Before Hema Committee
4 days, 7 hours ago

Kerala HC Extends Nodal Officer's Jurisdiction To Receive Complaints Of Victims From Film Industry Who Were Not Before Hema Committee

Live Law  

The Kerala High Court has extended the jurisdiction of the nodal officer to accept the grievances of harassment/abuse from persons in the film industry who were not before the Justice Hema Committee. The Court stated that the nodal officer who was appointed can also take the complaints of other individuals in similar situations, regardless of whether they have provided statements …

Justice Film Industry Investigation Court Complaints Officer Sit
Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court
1 week, 3 days ago

Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court

Live Law  

The Gujarat High Court bench of Justice Divyesh A. Joshi has held that mere existence of arbitration clause in the agreement does not bar jurisdiction of the civil court automatically. Courts generally construe the provisions strictly when jurisdiction of the civil courts is claimed to be excluded.” It further observed that in ITI Ltd. vs. Siemens Public Communications Network Ltd.,, …

Arbitration Jurisdiction Dispute Court Civil Application Suit
Disputes Falling Exclusively Within Jurisdiction Of Statutory Authorities Aren't Arbitrable : Supreme Court Reiterates
1 week, 4 days ago

Disputes Falling Exclusively Within Jurisdiction Of Statutory Authorities Aren't Arbitrable : Supreme Court Reiterates

Live Law  

The Supreme Court recently reaffirmed that disputes falling exclusively within the jurisdiction of statutory authorities are not arbitrable.While holding so, the bench comprising Justices PS Narasimha and Sandeep Mehta ruled that the dispute related to wages and termination of an employee were non-arbitrable and would be exclusively dealt with by the statutory authorities established under. The Supreme Court recently reaffirmed …

Jurisdiction Dispute Court Disputes Wages Termination Statutory
Court At Designated Seat Would Have Exclusive Jurisdiction To Entertain Applications Arising Out Of Arbitration: Chhattisgarh HC
1 week, 5 days ago

Court At Designated Seat Would Have Exclusive Jurisdiction To Entertain Applications Arising Out Of Arbitration: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court bench of Justices Shri Sanjay K. Agrawal and Shri Radhakishan Agrawal has held that court having supervisory jurisdiction over seat designated in the Arbitration Agreement would have exclusive jurisdiction to entertain all applications arising out of the arbitration proceedings. Brief Facts The present appeal has been filed under section 37 of the Arbitration Act against an …

Arbitration Jurisdiction Court Chennai Application Agreement Seat
'Contempt Power Can't Be Used To Execute Orders' : Supreme Court Explains Scope Of Contempt Jurisdiction
1 week, 5 days ago

'Contempt Power Can't Be Used To Execute Orders' : Supreme Court Explains Scope Of Contempt Jurisdiction

Live Law  

The Supreme Court held that the contempt jurisdiction cannot be invoked to execute a decree or implement an order. That the Court hearing a contempt petition ought to restrict the scope of its enquiry to such directions which are explicit in the judgment or orders of which contempt has been alleged." The judgment added that the Court exercising contempt jurisdiction …

Jurisdiction Judgment Court Contempt Order This Court Contempt Jurisdiction
[Senior Citizens Act] Bank Can Seek Quashing Of Order Voiding Gift Deed In Case Of Default On Loan By Children: Karnataka High Court
1 week, 5 days ago

[Senior Citizens Act] Bank Can Seek Quashing Of Order Voiding Gift Deed In Case Of Default On Loan By Children: Karnataka High Court

Live Law  

The Karnataka High Court recently quashed an order passed by the Assistant Commissioner, Hassan made under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, cancelling the gift deed executed by an aged father in favour of his children. Justice M G S Kamal said, “This Court under the peculiar facts situation of the case, …

High Court Jurisdiction Gift Bank Order Respondent Act
Tasmanian Aboriginal elder Jim Everett convicted as he continues protesting the court's jurisdiction over him
1 week, 5 days ago

Tasmanian Aboriginal elder Jim Everett convicted as he continues protesting the court's jurisdiction over him

ABC  

A Tasmanian Aboriginal elder has been convicted on three charges in a Tasmanian court, as he continues to protest that the 'colonial courts' have no jurisdiction over him. Tasmanian Aboriginal elder says he doesn't recognise 'colonial' courts Photo shows A man wearing Aboriginal colours and wide brim hat stands and smiles at camera with pile of logs behind him An …

Jurisdiction Court Everett Tasmanian Aboriginal Tasmanian Aboriginal Mr Everett
US Rep. Brett Guthrie of Kentucky to lead panel overseeing issues affecting daily lives of public
1 week, 5 days ago

US Rep. Brett Guthrie of Kentucky to lead panel overseeing issues affecting daily lives of public

Associated Press  

FRANKFORT, Ky. — Republican U.S. Rep. Brett Guthrie of Kentucky has secured the chairmanship of the House Energy and Commerce Committee, which wields broad jurisdiction over issues affecting the daily lives of Americans. “We must work together to restore America’s energy dominance and lower energy prices, protect children’s online safety and ensure America remains the world leader in technological innovation, …

Congress Kentucky Senate Republican House Committee Lead
'Zero FIR' Has Been Introduced U/S 173 BNSS To Ensure Victims Can File Complaints Regardless Of Jurisdiction: Kerala HC
1 week, 6 days ago

'Zero FIR' Has Been Introduced U/S 173 BNSS To Ensure Victims Can File Complaints Regardless Of Jurisdiction: Kerala HC

Live Law  

Elaborating on Zero FIR, the Kerala High Court said that the provision has been introduced in the BNSS to primarily ensure that victims can file complaints regardless of jurisdiction.The court also said that under Section 173 BNSS police cannot refuse to register an FIR merely because a part of the offence has happened outside the limit of the local jurisdictional …

Court Gold Bank Station Fir File Bnss
Findings Of Calcutta HC Cannot Be Challenged Before Courts At Patna After Objections Over Jurisdiction Were Dismissed: Patna High Court
2 weeks, 1 day ago

Findings Of Calcutta HC Cannot Be Challenged Before Courts At Patna After Objections Over Jurisdiction Were Dismissed: Patna High Court

Live Law  

The Patna High Court Bench of Justice Sandeep Kumar has held that the findings of the Calcutta High Court cannot be challenged in the Courts at Patna. Also, the court held that on the question of jurisdiction the Calcutta High Court has already given categorical findings rejecting the objections raised of the petitioner. Thereafter, the court affirmed the findings of …

Jurisdiction Courts Order Calcutta High Respondent Act
Court Not Having Jurisdiction To Entertain Application U/S 34 Cannot Go Into Merits Of Award: Himachal Pradesh High Court
2 weeks, 3 days ago

Court Not Having Jurisdiction To Entertain Application U/S 34 Cannot Go Into Merits Of Award: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that once the court comes to the conclusion that it didn't have jurisdiction to entertain the application under section 34 of the Arbitration Act, it cannot go into the merits of the case. The court in the impugned order held that as per the law laid down …

Arbitration Court
Disputes Regarding Title, Possession Not Subject Matter Of Writ Jurisdiction: Jharkhand HC Dismisses Plea Against Housing Board's Interference
2 weeks, 4 days ago

Disputes Regarding Title, Possession Not Subject Matter Of Writ Jurisdiction: Jharkhand HC Dismisses Plea Against Housing Board's Interference

Live Law  

The Jharkhand High Court recently dismissed a writ petition seeking relief against alleged interference with the petitioner's possession and ownership of property, while ruling that disputes involving questions of "right, title, interest and possession" require evidence and cannot be adjudicated under writ jurisdiction. Justice Anubha Rawat Choudhary, presiding over the case, stated, “This Court finds that there is serious dispute …

Writ Jurisdiction Property Court Writ Case Respondent Proceedings
Billing Assessments Pertaining Electricity Not In Jurisdiction Of Consumer Courts : Delhi State Commission
2 weeks, 4 days ago

Billing Assessments Pertaining Electricity Not In Jurisdiction Of Consumer Courts : Delhi State Commission

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that the Consumer Protection Act prevails over the Electricity Act only in cases of inconsistency; complaints are limited to issues such as unfair trade practices, restrictive trade practices, deficiencies in service, or overcharging, which does not contain 'billing assessments'. Brief Facts of the Case The complainant had …

Consumer Delhi Complaints Electricity State Commission Complainant
'Completely immune': Trump seeks to have last criminal charges thrown out
Trending News
2 weeks, 4 days ago

'Completely immune': Trump seeks to have last criminal charges thrown out

Raw Story  

President-elect Donald Trump could soon have one less thing to worry about as he prepares his return to the White House. In a filing on Wednesday, Trump’s legal team formally asked the Georgia Court of Appeals to toss the criminal charges against him in Fulton County District Attorney Fani Willis' election subversion case, which has been on hold for several …

Georgia Court Trump President President Trump This Court
Trump seeks to have Georgia election case dismissed, citing presidential immunity
2 weeks, 4 days ago

Trump seeks to have Georgia election case dismissed, citing presidential immunity

Associated Press  

ATLANTA — President-elect Donald Trump is trying to get the Georgia election interference case against him dismissed, asserting that the state’s courts will not have jurisdiction over him once he returns to the White House next month. Trump’s attorneys on Wednesday filed a notice with the Georgia Court of Appeals saying a sitting president is “completely immune from indictment or …

Georgia Court Case President Trump Guilty Willis Indictment
Delay In Handing Possession And Failure To Refund : Delhi State Commission Holds J.M. Housing Ltd Liable For Deficiency In Service
2 weeks, 5 days ago

Delay In Handing Possession And Failure To Refund : Delhi State Commission Holds J.M. Housing Ltd Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that a delay in handing possession to the buyer is a continuous wrong and failure to refund for the same, amounts to deficiency in service. Observations by the State Commission The State Commission observed that the complainant qualifies as a consumer under the Consumer Protection Act, as …

Commission Complainant Builder Refund
Allahabad High Court CJ-Led Bench Directs Listing Of PIL Seeking CBI Probe Into Sambhal Violence Before Appropriate Bench
2 weeks, 5 days ago

Allahabad High Court CJ-Led Bench Directs Listing Of PIL Seeking CBI Probe Into Sambhal Violence Before Appropriate Bench

Live Law  

The Chief Justice Arun Bhansali-led Bench of the Allahabad High Court today directed the listing of a Public Interest Litigation plea seeking a CBI probe into the violence that erupted last month in Sambhal, Uttar Pradesh, before a bench with the jurisdiction to hear criminal PILs. The PIL plea also prays for the following reliefs: Appoint a special investigation team, …

High Court Violence Uttar Pradesh Cbi Pil Bench Plea
"Maintainability" And "Jurisdiction" Cannot Be Conflated While Deciding Application U/S 20 Of Arbitration Act, 1940: Bombay HC
2 weeks, 5 days ago

"Maintainability" And "Jurisdiction" Cannot Be Conflated While Deciding Application U/S 20 Of Arbitration Act, 1940: Bombay HC

Live Law  

The Bombay High Court bench of Justice Amit Borkar has held that maintainability and jurisdiction cannot be used interchangeably as they connote different things. 321 of 2000 filed under Section 20 of the Arbitration Act, 1940, wherein it was held that the Court had no jurisdiction to entertain the application. This order was challenged by the respondent before the ADJ …

Arbitration Jurisdiction Court Civil Application Order Respondent No
Tax Monthly Digest: November 2024
2 weeks, 6 days ago

Tax Monthly Digest: November 2024

Live Law  

SUPREME COURT DRI Officers Can Issue Show-Cause Notices Under Customs Act : Supreme Court Allows Review Against 'Canon India' Judgment Case Details : COMMISSIONER OF CUSTOMS vs. M/S CANON INDIA PRIVATE LIMITED Case no. A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma ruled, “Assessee's contention that E4e Healthcare is functionally dissimilar to the assessee and therefore, could …

Delhi Supreme Court Writ Petition Writ Jurisdiction Tax Court Uttar Pradesh
Arbitration Monthly Digest: November, 2024
3 weeks ago

Arbitration Monthly Digest: November, 2024

Live Law  

Supreme Court Government Entity Can't Be Given Differential Treatment While Staying Operation Of Arbitral Award : Supreme Court Case Title: International Seaport Dredging Pvt Ltd Versus Kamarajar Port Limited, Case Number- Civil Appeal No 12097 of 2024 Recently, the Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the …

India Justice High Court Arbitration Constitution Court Public Policy
Court Which Appointed Arbitrator Has Jurisdiction To Substitute Arbitrator Or Extend Time U/S 29 Of Arbitration Act: Delhi High Court
Trending News
3 weeks ago

Court Which Appointed Arbitrator Has Jurisdiction To Substitute Arbitrator Or Extend Time U/S 29 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Subramonium Prasad held that the term "Court" under Section 29A must mean only to be the Court which has appointed the arbitrator and therefore the Court to extend the time or substitute the arbitrator would only be the Court which has appointed the arbitrator and no other Court. Observation of the court: The …

Arbitration Jurisdiction Court Case International Arbitration High Term
Regional Director Under Companies Act Has No Jurisdiction To Decide Ownership Of Trademark: Delhi High Court In Plea By 'Panchhi Petha'
3 weeks ago

Regional Director Under Companies Act Has No Jurisdiction To Decide Ownership Of Trademark: Delhi High Court In Plea By 'Panchhi Petha'

Live Law  

The Delhi High Court has observed that a Regional Director under the Companies Act when deciding an application under Section 16 of the Companies Act, 2013, has no authority to determine the ownership of a trademark. Providing relief to the Panchhi Petha Store/petitioner against the Regional Director's order, the Court remarked that a Regional Director cannot undertake to examine trademarks …

Court Director Trademark Delhi High Court Companies Act Companies Application
Court Having Exclusive Jurisdiction Would Have Juridical Seat Of Arbitration: Delhi High Court
3 weeks ago

Court Having Exclusive Jurisdiction Would Have Juridical Seat Of Arbitration: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Sachin Datta has held that where exclusive jurisdiction has been conferred on a court with respect to matters relating to arbitration, the same shall be construed to be a clear 'contrary indicia' and that the court, upon which exclusive jurisdiction has been conferred, would be the juridical seat of arbitration. So, it is …

Delhi Arbitration Jurisdiction Court Courts Seat Exclusive