Showing : 1-10 of 11 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction - Is an authority to decide a given case one way or other - Question as to jurisdiction of Court even if not raised by any party still Court has power to decide its own jurisdiction - In other words, a case where Court has no jurisdiction, it cannot confer upon it by consent or waiver..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 9, 20-- Jurisdiction - Decree passed by a Court having no jurisdiction is nullity - Such an issue can be raised at any stage of the proceedings - Acquiescence of a party cannot defeat the legislative animation as doctrine of waiver does not apply - Finding of a Court or Tribunal becomes irrelevant and..........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 20-- Jurisdiction - Objection as to - Not raised in the temporary injunction application and appeal filed against the order therein - There is no waiver of the right to raise the objection in the written statement...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 18, Rule 17-- Framing of additional issues - Waiver of - At the time of framing of issues trial court specifically recorded that no other issues are pressed or claimed - If any other issue arises the same is waived - Application for framing additional issues and for leading additional evidence, filed at the..........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 21-- Territorial jurisdiction - Objection as to - Can be waived either expressly or impliedly - An implied waiver can be gathered by the conduct of the party who is said to have waived the right...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 9, 11, Evidence Act, 1872, Section 115-- Court having no jurisdiction - Consent cannot confer jurisdiction on a Court when it has none - An order passed by Court having no jurisdiction is a nullity - When the court lacks inherent jurisdiction, the procedural provision of estoppel, waiver or res-judicata shall also not apply...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115-- Res judicata, estoppel and waiver - Principles of estoppel, res judicata and waiver are procedural in nature and thus same will have no application in a case where judgment has been rendered wholly without jurisdiction or issue involves only pure questions of law...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 2(2), 9, 21, 16-- Decree passed by a Court lacking inherent jurisdiction is a nullity - Principles of estoppel, waiver and acquiescence or res judicata are not applicable to such a decree - However, this is not the case with a decree passed by a Court having no territorial or pecuniary jurisdiction - Such a decree..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 116-- Res judicata, waiver & estoppel - Issue of fact once determined finally by a Court of competent jurisdiction when comes directly in question in subsequent proceedings between the same parties then the persons cannot be allowed to raise the same question which already stands determined earlier by..........
MEGHALAYA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHILLONG
Year of decision: 2002
Details
Consumer Protection Act, 1986, Section 11(2), Civil Procedure Code, 1908, Section 21-- Territorial jurisdiction - Objection as to - Doctrine of Waiver - As a general rule, neither consent nor waiver nor acquiescence can confer jurisdiction upon a Court or quasi judicial authority which is otherwise incompetent to try a suit or Complaint - Section 21 of the CPC provides an exception,..........

Showing : 1-10 of 11 Results