Jurisdiction cannot be conferred by consent.

judicial verdict and verdict of the police

957 SCC OnLine Bom 112 : AIR 1958 Bom 335 : (1958) 60 Bom LR 107 : 1958 Cri LJ 1134

J2

In the High Court of Bombay

Before Shelat and Miabhoy, JJ.

Dattatraya Dulaji Ghadigaonkar and another … Petitioners;

Versus

Wadilal Panchal … Accused-Opponent.

In the case before us, as many as four witnesses on behalf of the complainant gave their statements before the police and laid before them a certain version which, no doubt, was disbelieved by the learned Magistrate upon the ground that it was in conflict with the testimony of Dr. Mehta in the Inquest Proceedings. As against that version, there were statements made before the police by certain persons laying the version of the respondent. In view of that conflict of versions between these two sets of witnesses, who had given their statements, we would adopt the language of the learned Chief Justice and say that here is a case where it would not be proper for the learned Magistrate to dismiss the complaint under S. 203. It cannot, in our opinion, be said that this is not a case where there ought not to be a judicial trial and a judicial verdict.

Government mistaken acquires its own land, is not admission of title of other person

Jaipur Development Authority v. Mahesh Sharma, (2010) 9 SCC 782 : (2010) 3 SCC (Civ) 942 at page 792

32. In State of Orissa v. Brundaban Sharma [1995 Supp (3) SCC 249] this Court has held that the Land Acquisition Act does not contemplate or provide for the acquisition of any interest belonging to the Government in the land on acquisition. It reiterated the settled position of law that the Government being the owner of the land need not acquire its own land merely because a person mistakenly resorted to acquire the land and later on mistakenly published notifications under Sections 4 and 6 of the Act.

Non est order - order passed without jurisdiction

Zuari Cement Ltd. v. ESI Corpn., (2015) 7 SCC 690 : 2015 SCC OnLine SC 596 at page 697

16. Where there is want of jurisdiction, the order passed by the court/tribunal is a nullity or non est.

Illegal - Non est - Void Order - consequential relief