Telangana HC | Interim protection under S. 9 A&C Act for a commercial dispute to be sought in a commercial court only
Telangana High Court: The Division Bench of P. Naveen Rao and Sambasivarao Naidu, JJ. allowed the appeal and set aside the impugned
Jurisdiction
Tis Hazari Court| Contract between parties determines Territorial jurisdiction; Non-mentioning of words “only” or “exclusively” before name of place of jurisdiction immaterial
Tis Hazari Court, Delhi : Vinod Kumar Gautam, Additional District Judge, while addressing the matter regarding the question of territorial jurisdiction, has
If a person is aged below 58 years, Can Maintenance Tribunal invoke jurisdiction under the Maintenance and Welfare of Parents and Senior Citizen Act? P&H HC answers
Punjab and Haryana High Court: Arun Monga, J., held that the Maintenance Tribunal has no jurisdiction under the Maintenance and Welfare of
Can mere filing of proceedings under S. 7 IBC be treated as an embargo on Court exercising jurisdiction under S. 11 of Arbitration & Conciliation Act? Bom HC explains
Bombay High Court: A very interesting question was considered by G.S. Kulkarni, J., the question being, whether mere filing of a proceeding
Framework of RTI Act restricts jurisdiction of CIC to provide a ruling on issues pertaining to access/right to information, not venture into merits of case: CIC
Central Information Commission (CIC): Neeraj Kumar Gupta (Information Commissioner), decides whether Commission can provide a ruling regarding the merits of a case
Kar HC quotes “The Vajpayee led NDA–Government was toppled for want of one vote” and Benjamin Franklin while deciding a case of a returning candidate whose election was set aside
“…A right to elect, fundamental though it is to democracy, is, anomalously enough, neither a fundamental right nor a Common Law Right.
Mother alleged to have extra-marital affair, will father be granted custody of children? Guj HC decides
Gujarat High Court: Ashok Kumar C. Joshi, J., denied granting child custody to father, wherein the mother was alleged to have extra-marital
Raj HC | In absence of any factual foundation to show whether a particular entity is State or not, writ jurisdiction not maintainable
Rajasthan High Court: Mahendar Kumar Goyal J. dismissed the petition being not maintainable against a private entity. The instant petition was filed
Can partners in dispute of an LLP or any other business entity carrying out business in different parts of country, file suit in any place where business is carried out? Del HC explains
Delhi High Court: Amit Bansal, J., expressed that an LLP or any other business entity can carry out business in different parts
Power under Article 227 of Constitution of India cannot be exercised to upset conclusions, howsoever erroneous they may be, unless there was something grossly wrong or unjust: Del HC
Delhi High Court: Asha Menon, J., while expressing the scope of power under Article 227 of the Constitution of India dismissed the
Is unstamped Arbitration Agreement enforceable? SC holds question being pending before larger Bench will not hinder arbitration proceedings unless issue indicates existence of deadwood
Supreme Court: While addressing the issue related to jurisdiction of Court under Section 11(6) of the A&C Act, the 3-judge Bench comprising
[Customs Act] Raj HC | DRI officer is not Competent Authority to issue show cause notice and adjudicate the same as “proper officer”; Show cause notice set aside
Rajasthan High Court: A Division Bench of Akil Kumar, CJ and Sameer Kureshi, J. allowed the writ petition and set aside the
Unilateral Appointment of Arbitrators and the Inherent Lack of Jurisdiction: Assessing the Procedure for Challenging Biased Appointments
by Soham Banerjee* and Salona Mittal**
Law on Custody | 9-year-old child prefers to stay with mother’s father and his family members and shows animosity towards father: Whether father will get custody of child or not? Bom HC decides
Bombay High Court: Addressing a matter wherein a child’s mother was diagnosed with cancer due to which she started living at her
Whether lotteries being res extra commercium takes away CCI’s Jurisdiction to entertain anti-competition activities relating to lotteries? SC decides
Supreme Court: While adjudicating the dispute with regard to jurisdiction of CCI to inquire into allegations of bid rigging, collusive bidding, and
Whether Preconditions to Arbitration are a Matter of Jurisdiction/Admissibility
by Hiroo Advani†, Asif Lampwala†† and Kenneth Martin†††
Cite as: 2022 SCC OnLine Blog Exp 10
Supreme Court January 2022 Roundup: Probe in PM Modi’s Security Lapse; NEET UG/PG Reservation; Suspension of BJP MLAs; and more
“Merit is not solely of one‘s own making. The rhetoric surrounding merit obscures the way in which family, schooling, fortune and a
Instead of filing an appeal before the Sessions Court petitioner rushed to this Court invoking its inherent power. Can High Court exercise its inherent power? Read J&K and Ladakh HC’s decision
Jammu and Kashmir and Ladakh High Court: Mohd. Akram Chowdhury, J., reiterated the settled position of law that if an alternate efficacious
Civil Court has no jurisdiction in dispute relating to property governed by the Haryana (Control of Rent & Eviction) Act, 1973: SC
Supreme Court: The bench of Ajay Rastogi* and Abhay S. Oka, JJ has held that jurisdiction of the Civil Court is impliedly
CESTAT | Jurisdiction for claim of refund filed/initiated to be dealt under the provision Central Excise law and not by the provision of CGST law
Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) dismissed the application filed by the Revenue (CCE & ST,