Showing : 311-320 of 626 Results

MADRAS HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 9, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34-- Jurisdiction of Civil Court - Bar of - Suit claim as to entitlement of certain debentures on ground that order for attachment of same was obtained fraudulently - Plea that such relief already sought from Debt Recovery Tribunal hence cannot be granted by civil Court - Not tenable - Allegation of..........
DELHI HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 20-- Territorial jurisdiction - Suit for price of goods sold - Suit is maintainable at a place where price thereof is to be paid...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 115-- Jurisdiction - Want of - Plaint returned - Proceedings come to an end - A new suit is required to be registered at the place where plaint is tendered thereafter - Held, order cannot be viewed as interlocutory order - Revision against such an order is maintainable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Lack of territorial jurisdiction - Jurisdiction of Court to entertain and try suit arises where cause of action wholly or in part arises - Part of cause of action arose within the jurisdiction of Court - Dismissal of application - Order upheld...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 39, Rule 2-A-- Injunction - Disobedience or breach - Jurisdiction - A subsequent decision that the Court had no jurisdiction to entertain the suit does not render interim orders passed earlier non est or without jurisdiction - A party committing breach of such orders cannot escape the consequences of such..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 100-- Plaintiff filed suit for permanent injunction against Gram Panchayat asserting his possession over suit land - Defendant took objection of lack of jurisdiction alleging that property is evacuee property vesting with custodian - Held, once the evacuee property stood vested in custodian,..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejecton of plaint - Application is to be decided on the basis of averments in the plaint - Different clauses in the provision should not be mixed up - However, an application for rejection of plaint can be filed on more than one ground under different clauses but Court has to give a clear finding..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 9-- Civil Court - Service matter - Jurisdiction - Dismissal from service by Disciplinary authority - Civil suit challenging dismissal from service - Dismissal from service set aside being illegal, bad in law and non est being against principle of natural justice - Order upheld...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 9-- Civil Court - Jurisdiction in service matters - Civil Court may have a limited jurisdiction in service matters but it cannot be said to have no jurisdiction at all to entertain a suit - Where the right is claimed by the plaintiff in terms of common law or under a statute other than the one which..........
DELHI HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 16, 20-- Territorial jurisdiction - Specific performance - It is S.16 & not S.20 which is applicable - Held, suit seeking possession of immovable property is to be filed in a Court within whose jurisdiction the property is situated...........

Showing : 311-320 of 626 Results