Just a moment...
Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the ordinary criminal court retained jurisdiction to try the offence when the U.P. Panchayat Raj Act, 1947 conferred cognizance on the Panchayati Adalat, but no valid bench could be constituted because one accused belonged to a place outside the State.
Analysis: The statutory scheme gave the Panchayati Adalat cognizance over specified offences committed within its local limits and barred ordinary courts where the case was cognizable by the Adalat. But the Adalat's criminal jurisdiction had to be exercised through a bench constituted under the Act. The provision empowering special benches, read with the rule framed under it, could not validly extend to a person residing outside the State. Since one accused was outside Uttar Pradesh, no competent bench could be lawfully formed to try all the accused together. The statutory bar on ordinary courts operated only where a valid and workable machinery existed for the whole case; absent such machinery, the general criminal court's jurisdiction was not displaced.
Conclusion: The ordinary criminal court had jurisdiction to try the case, and the objection based on the Panchayati Adalat's jurisdiction failed.