Showing : 71-80 of 132 Results

KARNATAKA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1-- Court having no territorial jurisdiction - Plaint ordered to be returned for presentation before the proper Court - Instead of taking return of the plaint and presenting the same in the appropriate Court plaintiff filed second suit before proper Court - Fresh suit without taking return of plaint..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Constitution of India, 1950, Article 226-- Dismissal in limine of writ petition by a detailed speaking order rejecting various contentions urged on behalf of the petitioner to challenge legality of impugned order as well as orders passed by appellate and revisional authorities - Not challenged by filing Special Leave to Appeal before..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Punjab Village Common Lands (Regulation) Act, Section 13,2(c),2(g)-- as in Haryana State - Suit in Civil Court for permanent injunction against Sarpanch and others restraining them from constructing a Gali through Sehan of property of plaintiff - Interim injunction granted to maintain status quo - Objection that jurisdiction of Civil Court barred under Section 13 -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Punjab Village Common Lands (Regulation) Act, Section 13-- Restraining Gram Panchayat - defendant from interfering with possession of plaintiff over suit land - Stand of defendant - Panchayat that land in dispute belongs to Panchayat - Jurisdiction of Civil Court barred - Mahinder Singh's case 1997 (2) LJR 110 Not Applicable as Section 13 not brought on..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Haryana Ceiling on Lands Holdings Act, 1972, Section 26, 11-- Suit in Civil Court challenging order passed by Collector declaring the area surplus and also order of allotment made in favour of eligible persons-Surplus area order attained finality as appeal thereagainst dismissed and same not challenged further in revision or writ petition-Jurisdiction of..........
KARNATAKA HIGH COURT
Year of decision: 1997
Details
Criminal Procedure Code, 1973, Section 195, 340, Indian Penal Code, 1860, Section 188, 323, 378, 504, 506-- Injunction order - Disobedience - Criminal Court has no jurisdiction to take cognizance of that offence unless there is written complaint by Civil Court whose order has been disobeyed or by Court Subordinate to it - Private prosecution of such offence is barred and Criminal Court cannot act on..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1996
Details
Punjab Village Common Lands (Regulation) Act, Section 13, 11-- Suit in Civil Court for declaration and permanent injunction claiming to be Khewatdars and owners in possession of disputed land shown as Jumla Mushtarka Malkan restraining Gram Panchayat from interfering in peaceful possession-Gram Panchayat contested it averring that disputed land is Shamilat..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1996
Details
Punjab Village Common Lands (Regulation) Act, Section 7-- Conspectus of law as emerged from Kesho Narain's case 1964 PLJ 22, Piare Lal's case 1977 PLJ 263, Mangal's case 1977 PLJ 249 and Dharam Singh's case 1975 PLJ 68-Authorities under the Act had jurisdiction to decide the relevant question before ejectment-Civil Court's jurisdiction to challenge the..........
GUJARAT HIGH COURT
Year of decision: 1995
Details
Arbitration Act, 1940, Section 34, Civil procedure Code, 1908, Section 9-- Arbitration clause in agreement governing contractual obligations - Jurisdiction of Civil Court not impliedly barred on account of existence of arbitration clause in contract - Proceeding of suit be stayed under S.34 Arbitration Act...........
BOMBAY HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Section 80, 11-- Suit against Govt. without issuing notice u/s.80 - Suit held not maintainable for want of notice but other issues decided on merit - Court having no jurisdiction to proceed with the suit was bound to reject the plaint - Subsequent suit between same parties seeking similar relief not barred by..........

Showing : 71-80 of 132 Results