In Personam Jurisdiction - Law Dictionary Search Results
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]...
Court 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)]...
Foreign Jurisdiction Acts (English)
Foreign Jurisdiction Acts (English): 6 & 7 Vict. c. 94; 28 & 29 Vict. c. 116; 29 & 30 Vict. c. 87; 38 & 39 Vict. c. 85; and 41 & 42 Vict. C. 67; consolidated by the Foreign Jurisdiction Act, 1890 (53 & 54 Vict. c. 37) (extended by the Foreign Jurisdiction Act, 1913 [3 & 4 Geo. 5, c. 16)], which regulates the exercise by the Crown of the powers and jurisdiction acquired by it (whether by treaty, grant, usage, sufferance, or otherwise) in countries out of the dominions f the British Crown.A decree by a foreign court over a matter outside its jurisdiction has no effect, Lecouturier v. Rey, 1910 AC 262....
Summary jurisdiction
Summary jurisdiction. The jurisdiction of a court to give a judgment or make an order itself forthwith, e.g., to commit to prison for contempt, to punish malpractice in a solicitor, or in the case of justices of the peace, a jurisdiction to convict an offender themselves instead of committing him for trial by a jury. The mode of exercising this latter jurisdiction, which is given in particular instances by very numerous particular statutes, is generally regulated by the Summary Jurisdiction Acts, 1848 and 1879. Several amendments have been made in the law by the Criminal Justice Administration Act, 1914, and Criminal Justice Act, 1925; see also HUSBAND AND WIFE. see Chitty's Statutes, tit. 'Justices' and Stone's Justices Manual; and also SESSIONS OF THE PEACE....
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....
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)...
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....
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)...
pendent party jurisdiction
pendent party jurisdiction see jurisdiction ...
Vicountiel jurisdiction
Vicountiel jurisdiction, that jurisdiction which belongs to the officers of a county, as sheriffs, commoners, etc....
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