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Showing posts with label territorial jurisdiction. Show all posts
Showing posts with label territorial jurisdiction. Show all posts
Saturday, 11 December 2021

Whether police station officer can refuse to investigate an offence under S 498A of IPC on the ground of territorial jurisdiction?

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  Section 177 of the Code of Criminal Procedure, provides that every offense shall ‘ordinarily’ be inquired into and tried by a Court within...
Tuesday, 25 April 2017

Whether wife can file application for maintenance at place where she is residing?

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 The facts of the present case indicate that though the parties were married at Paratwada and they resided together at Indore, the non­a...
Thursday, 26 January 2017

How to ascertain territorial jurisdiction of court if offer and acceptance for contract is on telephone?

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 Acceptance and intimation of acceptance of offer are therefore both necessary to result in a binding contract. In the case of a contra...
Saturday, 14 January 2017

Whether magistrate can direct SHO of police station outside his territorial jurisdiction to conduct investigation?

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Sections 177 to 184 Cr.P.C. provides for territorial jurisdiction to try the offence which qualification is not prescribed under Section 1...
1 comment:
Friday, 30 September 2016

How to ascertain territorial jurisdiction of court in cases of trade mark and copyright?

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 What emerges from this discussion is this: (a) a plaintiff suing under the Trade Marks Act or Copyright Act can always file the s...
Wednesday, 28 September 2016

Whether police can investigate offence committed beyond its territorial jurisdiction?

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 Learned senior counsel for the appellants vehemently contended that the P.S. Bhilai Nagar, Durg had no territorial jurisdiction ...
Sunday, 15 May 2016

Whether universities can be permitted to conduct distance learning course beyond its own territorial jurisdiction?

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In a subsequent decision in Kurmanchal Institute of Degree & Diploma (supra), the Supreme Court held, while construing the provision...
Thursday, 12 May 2016

How to ascertain territorial jurisdiction of high court to entertain writ petition?

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 The principle of forum conveniens also makes it obligatory on the part of the Court to see the convenience of all the parties before it. ...
Sunday, 6 March 2016

How to interpret the question of territorial jurisdiction u/s 498A of IPC?

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Recently I participated in a moot court. Central theme of moot problem was revolving around Sec. 498A of IPC. One of the main issues...
1 comment:
Saturday, 14 February 2015

Whether citizenship or ordinary residence of deceased determines territorial jurisdiction for grant of succession certificate?

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A perusal of provisions contained in Section 371 of Indian Succession Act, 1925 as reproduced above, would clearly manifest that Distt. Jud...
Monday, 21 July 2014

Whether police can refuse to investigate criminal case on the ground of territorial jurisdiction?

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Where an investigation is undertaken on the directions of the Magistrate under Section 156(3) Cr.P.C. a police officer, empowered under sub...
Wednesday, 6 November 2013

Supreme Court: Police can not refuse to investigate criminal case on ground of territorial jurisdiction

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 In the instant case, the stage contemplated under Section 181(4) Cr.P.C. has not yet been reached. Prior to taking cognizance on the c...
Saturday, 30 June 2012

Whether Police Officer Can Refuse To Register Complaint On The Ground Of Territorial Jurisdiction?

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Police officer cannot refuse to register complaint on ground that concerned police station had not territorial jurisdiction over place of ...