Showing : 281-290 of 1654 Results

KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 14, Rule 2(2)-- Preliminary issues - Should either relate to jurisdiction of Court or a statutory bar...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Correction in cause title of plaint - Defendant impleaded in his individual capacity and correction sought to implead him as power of attorney holder - Defect is only of a formal nature and is not in any manner effecting the merits or jurisdiction of Court - Such..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 96-- Appeal - Finding that Civil Court has no jurisdiction to entertain suit - It amounts to a decree - Remedy is of appeal u/s 96 CPC...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 10(1)-- Return of plaint - Can only be when Court comes to conclusion that suit ought to have been instituted in another Court - However, when civil Court comes to conclusion that it has no jurisdiction to entertain suit on the ground that same is barred due to availability of a statutory remedy under a..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of jurisdiction of civil court - In the peculiar facts and circumstances of the case, Court was required to have at least framed a preliminary issue relating to maintainability of suit and after allowing the parties to lead evidence on the issue of jurisdiction, proceed..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 7, Rule 10-- Return of plaint - Lack of jurisdiction - Dispute relating to Wakf property - Matter falls within ambit of Wakf Act and only Wakf Tribunal has jurisdiction to dispose of the dispute - Civil Court has no jurisdiction to decide the same - When special remedy is provided in a special statute then..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 107(2), Order 41, Rule 24-- Powers of appellant Court - Appellate Court has jurisdiction to adjudicate the dispute and finally determine the issue raised in the suit and pronounce judgment, even if it was not decided by trial Court...........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
West Bengal Premises Tenancy Act, 1997, Section 44-- Rent & Eviction - Urgency of repair work - Civil Court's jurisdiction is not ousted when application for appointment of Local Inspection Commissioner is prayed for to ascertain the urgency of repair work - If such urgency is seen from the Commissioner's report in that case by exercising power..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Registration Act, 1908, Section 77-- Refusal to register sale deed - Appeal to Registrar dismissed - Alternative remedy available to party to approach civil Court u/s 77 of Act - Writ petition filed without availing said remedy - Writ petition, held, not maintainable - However, alternative remedy is not a absolute bar in the..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Interim injunction - Competent civil Court is not powerless to grant appropriate relief at the interim stage of civil proceedings even during pendency of decision as to preliminary issue of jurisdiction if raised by party to suit...........

Showing : 281-290 of 1654 Results