Showing : 281-290 of 1975 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100, Order 41, Rule 5(3)-- Second appeal - Stay of execution of decree - Formulation of substantial question of law is an imperative to proceed with the appeal - Court cannot proceed unless condition precedent is satisfied - Solely because Court has jurisdiction to pass an ex parte order, it does not empower it not to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 27-- Competent authority - District Magistrate is the competent authority to take steps for protection of life and property of senior citizen - Jurisdiction of civil Court is barred in respect of all matters falling within jurisdiction of the Act in terms of S.27 of Act...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 41-- Appeal - Jurisdiction of appellate Court cannot be made dependent on fluctuating valuation of claim in appeal - Valuation of claim in appeal has relevance only for the purposes of Court fee - Valuation for the purposes of determining jurisdiction and for the purposes of Court fee are two distinct..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 41-- Appeal - Valuation of appeal - Suit for permanent injunction and declaration - Counter claim - Only the judgment and decree of suit has been challenged in appeal but not the dismissal of counter claim - Valuation of suit thus, would be valuation of appeal for jurisdiction of Appellate Court and..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint rejected without affording opportunity of hearing to parties - Several rights decided without properly considering them - Trial Court acted in exercise of its jurisdiction illegally or with material irregularity - Impugned order of rejecting plaint set aside - Matter..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint on the ground of jurisdiction - Suit for cancellation of sale deed - Jurisdiction of Civil Court to try suit barred u/s 331 of UPZA and LR Act, as such, plaint is liable to be returned for presentation before appropriate Court - Application allowed...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 115(1)-- Revision - If subordinate Court has jurisdiction to adjudicate lis brought before it, it may decide it rightly or wrongly, whether it is a question of law or fact - This itself would not make such a case fall u/s 115 CPC...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Partition-- Suit for cancellation of sale deed - Jurisdiction - Since disputed property is admitted as agricultural land - Declaration of plot or recognition of ownership can be granted only by Revenue Court and not by Civil Court - Further, cancellation of sale deed is an ancillary relief to declaration of..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9-- Exclusive jurisdiction of civil Court - Issue of adoption and inheritance rights - Can be decided exclusively by Civil Court and indeed outside the jurisdictional sweep of revenue authorities...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 16-- Jurisdiction of Court - Suit for recovery of immovable property or for determination of other right to, or interest in the immovable property shall be instituted in the Court within the local limits of whose jurisdiction the property is situate...........

Showing : 281-290 of 1975 Results