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प्रश्न
Principle: No court can execute the decisions unless it is having territorial jurisdiction over the property or the person against whom a decision is to be executed. The Court which gave the decision can transfer the matter to the court which has the territorial jurisdiction over the person or property.
Facts: A decision is given by the court at New Delhi on a contractual matter against X in a suit between X and Y. X is a resident of Maharashtra and he has properties in Maharashtra and Gujarat.
विकल्प
New Delhi court can transfer the proceedings to Court at Maharashtra only
New Delhi court can execute the decision because it had the jurisdiction to decide the matter so it can execute also
New Delhi court can transfer the proceedings to court at Gujarat only
New Delhi court can transfer the proceedings to either of the courts i.e. Maharasthra or Gujarat
उत्तर
New Delhi court can transfer the proceedings to either of the courts i.e. Maharasthra or Gujarat
Explanation:
New Delhi court can transfer the proceedings to either of the courts i.e. Maharashtra or Gujarat. This is according to the principle that the Court which gave the decision can transfer the matter to the court which has the territorial jurisdiction over the person or property.
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संबंधित प्रश्न
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From which country's Constitution the Distribution of Power between Union and the State have been borrowed?
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What is ‘zero hour’ in parliament?
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Principles:
- The Constitution of India has divided the power to make laws between the Central and State Legislatures by mentioning the subjects for legislation under the Union (under Central Government), State (under State Government) and Concurrent List(under both Central and State Governments) under the Seventh Schedule.
- When the Central or State Legislatures exceed the subjects in their respective lists, the law so made is considered ultra vires the Constitution and has no effect.
- A subsequent retrospective amendment of the Constitution widening the scope of legislation of the said legislature cannot validate such ultra vires legislation.
- A fresh law enacted by the said Legislature post such an amendment of the Constitution is considered valid.
- A Legislature in exercise of its valid legislative power may extend to its territory a law made by another Legislature.
Facts: In light of the growing economic development in the state of Gujarat, the state legislature passed a law on 26th December 2012 setting up Gujarat State Railways Corporation to ply goods trains between commercial areas within Gujarat. The law faced criticism since railways formed an entry under the Union List in the Seventh Schedule of the Constitution. The Gujarat legislature stood by the legislation owing to the 118th Constitutional Amendment of 28th December 2012 shifting only commercial railways to the Concurrent List.
Post the Constitutional Amendment, laws in relation to passenger railways can be made by:
Which article is related to "Equal Justice and free legal aid"?
The most essential feature of the parliamentary form of the government is
By which of the following amendment Article 43A has been added to the Directive Principle of State Policy?
Which of the following Article deals with the State Executive in the Constitution of India?
Which of the following Article deals with the qualification of the membership of the State Legislative?
According to which article, Parliament can make any law with respect to any matter not enumerated in the Concurrent List or State List?
Match schedule I and II and choose the appropriate answer.
| Schedule I | Schedule II | ||
| i. | Republic | 1. | Head of the state is elected by the people |
| ii. | Secular | 2. | State does not recognize any religion as religion of the state |
| iii. | Democracy | 3. | The government which gets authority from the will of the people |
