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Showing posts with label Territorial jurisdiction of court. Show all posts
Showing posts with label Territorial jurisdiction of court. Show all posts
Saturday, 1 August 2026

Narrower Than It Looks: Why DV Act territorial Jurisdiction Is Tighter Than Section 125 CrPC"

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  A recurring battleground in matrimonial litigation is the courtroom itself — quite literally, which court has the power to hear the case. ...
Saturday, 30 May 2026

Supreme Court: S. 225 BNSS | Magistrate Must Conduct Inquiry Or Order Probe Before Proceeding Against Accused Outside Jurisdiction

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A Magistrate must conduct an inquiry himself or direct an investigation under Section 225 BNSS before issuing process against an accused who...
Sunday, 12 October 2025

Delhi HC: Forcible removal of minor child by parent to new place doesn’t make that place an ordinary residence

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 A reading of the above would show that, for invoking the jurisdiction of the Family Court under the G&W Act, it has to be shown that th...

Allahabad HC: Ordinary residence of child for the purpose of S 9 of Guardian and wards Act is mixed question of law and fact and it can not be decided in application for rejection of plaint

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 In the instant case, the factum of 'ordinary residence' of the minor is a disputed question of fact and thus, the question whether ...

Punjab & Haryana HC: Jurisdiction of district court under S 9 of guardian and wards Act is mixed question of law and fact

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 It is evident from a bare reading of the above that the solitary test for determining the jurisdiction of the court under Section 9 of the ...
Wednesday, 2 July 2025

Supreme Court: If a High Court strikes down a Central Act as unconstitutional, that decision would have effect throughout India, unless stayed or overruled by the Supreme Court.

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  This question is rooted in the following observation of the Supreme Court in  Kusum Ingots and Alloys Ltd. v. Union of India  2004 (6) SCC...
Sunday, 2 March 2025

Supreme Court: Motor Accident Claim Need Not Be Filed Before MACT Of Area Where Accident Occurred

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The primary ground on which transfer has been sought is that the accident had taken place at Siliguri in the district of Darjeeling, West Be...
Wednesday, 24 April 2024

Whether family court mumbai can entertain divorce petition on the ground that marriage reception took place at mumbai?

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ANALYSIS AND CONCLUSION : 13. The question for determination in the present proceedings is whether the Family Court at Mumbai has jurisdicti...
Sunday, 24 December 2023

Whether the Court entertaining transit anticipatory bail has duty to ascertain proximity between the Accused and the territorial jurisdiction of the Court?

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    Conversely, the offence may be committed in one State, the FIR may be lodged in another State and the Accused may reside in a third Stat...

Whether Police Must Secure Transit Remand For Arrests Outside State To Safeguard Rights of accused Under Article 22 of constitution?

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   Section 48 of Code of Criminal Procedure permits the police to pursue an Accused in other jurisdictions. A police officer, for the purpos...

Supreme Court lays down conditions for grant of transit anticipatory bail

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  In view of what we have discussed above, we are of the view that considering the constitutional imperative of protecting a citizen's r...

Whether 'transit anticipatory bail' can be granted by a High Court or Court of Session to a person apprehending arrest?

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If a rejection of the plea for limited/transitory anticipatory bail is made solely with reference to the concept of territorial jurisdiction...
Tuesday, 13 June 2023

Whether the trial of the offence of money-laundering should follow the trial of the scheduled/predicate offence or vice versa?

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  Section 43(1) of the Act provides for the constitution of Special Courts, by the Central Government, in consultation with the Chief Justic...

To What extent provisions of CRPC are applicable to proceedings under The Prevention of Money Laundering Act?

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 It is only because of the Special Court constituted Under Section 43(1) being conferred primacy that Section 44(1) begins with the words ...

What is the distinction between the territorial jurisdiction of the court in civil and criminal cases?

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 While the question of territorial jurisdiction in civil cases, revolves mainly around (i) cause of action; or (ii) location of the subject ...
Wednesday, 19 May 2021

What procedure must police follow while executing a search warrant beyond the jurisdiction of the court issuing it?

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   When we turn back to Section 101, we find that the procedure contained therein must mandatorily be followed while dealing with the seizur...

Whether search and seizure of articles will become illegal if police fail to follow S 101 of CRPC while executing search warrant beyond the court's jurisdiction issuing it?

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  Seized articles constitute important piece of evidence and, therefore, the effort must be to ensure that no doubt is left at any stage of ...
Monday, 10 May 2021

Whether Magistrate can issue a search warrant U/S 97 Cr.P. C. to search for the person confined outside the territorial jurisdiction of said Court?

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  Secondly, respondent No. 1 along with respondent No. 2 was residing at village Bhadgaon, District Jalgaon, Maharashtra and, therefore, the...
Saturday, 10 October 2020

Whether Criminal court can decide the issue of its territorial jurisdiction before the recording of evidence?

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   But be that as it may, the upshot of the above discussion is (i) that the issue of jurisdiction of a court to try an “offence” or “offend...

What is difference between jurisdiction of court to try an offence and territorial jurisdiction of court as per CRPC?

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  From the above discussion, it is possible to take a view that the words “tries an offence” are more appropriate than the words “tries an o...