Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Correction of date of birth - Jurisdiction of civil court is not ousted - This is not a case relating to enforcement of a right or an obligation under Industrial Disputes Act...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Partition suit - Plaintiffs have assigned a reasonable cause that due to having talks of compromise between parties and being out of city, they could not appear for their evidence - Application for restoration was well within limitation from date of having knowledge of dismissal of..........
Guardians and Wards Act, 1890, Section 9, 25 -- Custody of child - Jurisdiction of Court - Exclusive jurisdiction to hear a suit for child custody u/s 9(1) of the Act is with District Judge having jurisdiction in place where minor ordinarily resides - Child was residing within jurisdiction of district Judge Merta - Family Court Jodhpur thus, had no jurisdiction to try..........
Criminal Procedure Code, 1973, Section 439, 438, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10, 11(i), 12 -- Bail - Sexual assault - Tutoring a victim at the hands of parents, especially when victim is a child, cannot be ignored even while considering an application for regular bail or pre-arrest bail...........
Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10, 11(i), 12 -- Anticipatory bail - Sexual assault - Accused is maternal uncle of victim - No criminal antecedents against accused - Victim stated that there were others in the house on the date of incident and victim and complainant continued to stay in the..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Dismissal of application U.O.26.R.9 CPC not on merit but taking a pedantic view - Court has exercised its jurisdiction illegally and with material irregularity - Revision lies against such order in view of S.115 CPC (As in U.P.)...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Encroachment - No agreed map between parties - Order allowing application, upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Power U.O.26.R.9 CPC to appoint commissioner is discretionary - If discretion has been exercised by Court, it cannot be said that Court has committed error of jurisdiction by allowing application O.26.R.9 CPC...........
Insolvency and Bankruptcy Code, 2016, Section 7, 9 -- National Company Law Tribunal (NCLT) exercising powers u/s 7 or S.9 of Code is not a debt collection forum...........
Insolvency and Bankruptcy Code, 2016, Section 8, 9 -- Corporate Insolvency Resolution Process (CIRP) - An operational creditor can only trigger CIRP process when there is an undisputed debt and a default in payment thereof - If the debt is disputed, application of operational creditor for initiation of CIRP must be dismissed...........
