Showing : 91-100 of 544 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9, 34, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34-- Jurisdiction of Civil Court - Barred in respect of any matter which falls under SARFAESI Act in view of S.34 of said Act...........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 4-- Jurisdiction - Jurisdiction of civil court is barred to challenge the notification u/s 4 of Land Acquisition Act and no declaration or permanent injunction can be granted - Only right available for person aggrieved is to approach High Court u/art 226 of Constitution...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9-- Civil suit - Maintainability - When no statue bars the suit then its maintainability requires no authority of law and every person has an inherent right to bring a suit of civil nature at one's own risk - If claim is frivolous, then law will take its own course but until and unless a suit is..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9-- Civil suit - Each and every case has two elements: (i) maintainability; and (ii) Justiciability - Before entering into justiciability, it has to be decided whether lis is maintainable or not - Thereafter a Court ventures into adjudication of case on merit which is known as "justiciability"- When..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, 41(2)-- Condonation of delay - Sufficient cause - Defendants not present when decree was passed against them and they came to know about it only when notice of execution was served upon them - No malafide intention - Delay of 1 year, 9 months and 8 days rightly, condoned...........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17-- Amendment of written statement - Amendment sought to incorporate that petition u/s 9 of Hindu Marriage Act is not maintainable and Family Court has no jurisdiction to try the same - In the absence of any material on record, High Court unable to decipher as to whether trial has commenced when..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Agricultural property - Suit for cancellation of sale deed - Dispute as to ownership of agricultural property still pending in revenue Court - Since civil Court has no right to decide the main relief of declaration and recognition of bhumidhari rights of disputed..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of Civil Court - Ownership dispute or rights relating to agricultural land - Can be decided only by Revenue Court - Jurisdiction of Civil Court is barred. (U.P.Z.A. and L.R. Act, 1950, S.229-B)...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9, 16-- Pecuniary jurisdiction - Valuation of suit - Suit for permanent injunction - Civil Judge having unlimited pecuniary jurisdiction of hearing of case - Valuation of suit therefore, not going to effect pecuniary jurisdiction of Court...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Partition suit - Agricultural land - Civil Court has no jurisdiction to decide the real dispute between parties regrading agricultural land, as Revenue Court has to decide and declare the ownership of such property - Moreover, suit is barred by S.331 of U.P.Z.A. and..........

Showing : 91-100 of 544 Results