Concurrent Jurisdiction - Law Dictionary Search Results
Home Dictionary Name: concurrent jurisdiction Page: 3Court of competent jurisdiction
Court of competent jurisdiction, the expression 'a Court of competent jurisdiction' envisaged in s. 465 is to denote a validity constituted Court conferred with jurisdiction to try the offence or offences. Such a Court will not get denuded of its competence to try the case on account of any procedural lapse and the competence would remain unaffected by the non-compliance of the procedural requirement. The inability to take cognizance of an offence without a committal order does not mean that a duly constituted Court became an incompetent Court for all purposes, State of Madhya Pradesh v. Bhooraji, (2001) 7 SCC 679: AIR 2001 SC 3372 (3778). [Criminal Procedure Code, 1973, s. 465(1)]The expression 'a court of competent jurisdiction envisaged in s. 465' is to denote a validly constituted court conferred with jurisdiction to try the offence or offences, State of Madhya Pradesh v. Bhooraji, (2001) 7 SCC 679. [Criminal Procedure Code, 1973, s. 465(1)]...
Court having admiralty jurisdiction
Court having admiralty jurisdiction. The legislature of a British possession may by any Colonial Law Q:-(a) declare any court of unlimited civil jurisdiction whether original or appellate, in that possession to be a Colonial Court of Admiralty, and provide for the exercise by such Court of its jurisdiction under this Act, and limit territorially, or otherwise, the extent of such jurisdiction; and (b) confer upon any inferior or subordinate Court in that possession such partial or limited Admiralty jurisdiction under such regulations and with such appeal (if any) as may seem fit. [Colonial Courts of Admiralty (India) Act, 1891 (16 of 1891), s. 3]...
Available jurisdiction
Available jurisdiction, where more courts than one have jurisdiction over a subject-matter, they are called courts of available or natural jurisdiction, Modi Entertainment Network v. W.S.G. Cricket Pvt. Ltd., (2003) 4 SCC 341 (351). (Civil PC 1908, s. 16, 20)...
Defect of jurisdiction
Defect of jurisdiction, where the expression as a whole reads 'from defect of jurisdiction or other cause of a like nature, is unable to entertain it', the expression 'cause of a like nature' will have to be read ejusdem generis with the expression 'defect of jurisdiction', Zafar Khan v. Board of Revenue, 1984 (Supp) SCC 505: AIR 1985 SC 39: (1985) 1 SCR 287. (Limitation Act, 1963, s. 14)...
Service out of the jurisdiction
Service out of the jurisdiction of a writ of summons may be allowed by the Court or a judge in certain specified cases, e.g., where the contract sued upon was entered into within the jurisdiction, etc., R.S.C. 1883, Ord. XI. And see ibid. for restriction upon the allowance of such service upon a defendant resident in Scotland or Ireland. As to service of a summons, ordr, or notice, see r. 8A. As to the exercise of discretion in giving leave, see Watson & Sons v. Daily Record, Ltd., (1907) 1 KB 853. There can be no service out of the jurisdiction except in the particular cases mentioned in Ord. XI., which forms a complete code on the subject....
Summary jurisdiction, Court of
Summary jurisdiction, Court of, 'means' in an Act of Parliament 'any justice or justices of the peace, or other magistrate by whatever name called, to whom jurisdiction is given by, or who is authorized to act under, the (English) Summary Jurisdiction Acts' (Interpretation Act, 1889, s. 13, sub-s. 11); but does not include justices at a licensing meeting: see Boulter v. Kent Justices, 1897, AC 556, reversing and overruling decisions of the Court of Appeal....
subject matter jurisdiction
subject matter jurisdiction see jurisdiction ...
personal jurisdiction
personal jurisdiction see jurisdiction ...
primary jurisdiction
primary jurisdiction see jurisdiction ...
quasi in rem jurisdiction
quasi in rem jurisdiction see jurisdiction ...
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