Showing : 61-70 of 133 Results

KARNATAKA HIGH COURT
Year of decision: 2005
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d)-- Property mortgaged to Bank as collateral security - Suit for partition - Jurisdiction of civil court - Not barred - S.34 of the Act is a bar for the Civil Court to entertain the suits in respect of the matters which are empowered to be determined by the Debts Recovery Tribunal or Appellate..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Electricity-- Dispute - Jurisdiction - Civil Court jurisdiction is not barred by scheme framed by Punjab State Electricity Board by composition of Dispute Settlement Committee - Jurisdiction of Civil Court can only be barred by a statute and not rules framed by Board - Provisions of S.49 and 79(j) of..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Punjab Land Revenue Act, 1887, Section 78, 158-- Person who claims himself not liable to make payment of land revenue - Cannot file suit in Civil Court without first depositing arrears of land revenue, otherwise jurisdiction of Civil Court barred as per Section 158 - Challenge to order of Revenue Authorities can be made only if arrears of land..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Haryana Urban Development Authority Act, 1977, Section 50(2)-- Under Section 50(2) jurisdiction of Civil Court barred - Specific objection taken in written statement - Court decided issue of jurisdiction in favour of plaintiff by holding that defendant did not press the same at the time of arguments - Erroneous - A concession cannot confer jurisdiction in a..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Punjab Municipal Act, 1911, Section 84, 86, 61(1)(a)-- House - tax assessment challenged on the ground that Municipal Committee did not arrive at fair rent of property keeping in view provisions of East Punjab Urban Rent Restriction Act - Civil Court jurisdiction barred in view of Sections 84 and 86 - Valuation can be challenged before Authorities..........
GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION, AHMEDABAD
Year of decision: 2003
Details
Consumer Protection Act, 1986, Section 3, Gujarat Co-operative Societies Act, 1981, Section 96-- Jurisdictional bar - Whether in any dispute between a member and Co-operative Society, the jurisdiction of Consumer Forum is barred by Section 96 of the Gujarat Co-operative Societies Act, 1981? - Held No - Jurisdiction excluded by this provision is that of civil or revenue court - Jurisdiction of..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 9-- Civil Court - Barring of jurisdiction by special statute - Guiding principles are (1) If specifically barred by an express provision of a Special Act then jurisdiction of civil Court shall stand excluded (2) If there is no express provision in a Special Act barring jurisdiction of civil court but..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - At first appellate stage - Amendment sought that suit is barred by principle of res judicata and also bad for non joinder of necessary parties - Amendment allowed - Held, in allowing such amendment Court did not commit any error in exercise of jurisdiction vested in..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Punjab Village Common Lands (Regulation) Act, Section 13-- Suit in Civil Court for injunction claiming to be owner in possession of suit property - Defendants asserted that site in dispute a street and a Chowk being used by all villagers for common purposes, same belongs to Gram Panchayat and jurisdiction of Civil Court barred under Section 13 as site in..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Punjab Tenancy Act, Section 77(3)(d), 8-- Suit in Civil Court for declaration that plaintiffs by virtue of perpetual lease on nominal rent are occupancy tenants and have become owners under Section 3 of Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act and for injunction restraining Union of India and others from cancelling..........

Showing : 61-70 of 133 Results