Showing : 61-70 of 431 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Suit for declaration of ownership after coming in actual cultivating possession of suit land as gair marusi - Dispute was not between landlord and tenant, rather, inter se two persons claiming themselves as tenant - Civil Court has jurisdiction to determine the said..........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Cancellation of sale deed - Allegation of fraud, deceit and fabrication - Revenue Courts are not skilled and experienced to try such cases - Suit of such nature is decided by Civil Courts...........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Cancellation of sale deed - Allegation of fraud, deceit and fabrication - Filing of counter claim means accepting disputed property under jurisdiction of Civil Court for cancellation of sale deed...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9, Arbitration and Conciliation Act, 1996, Section 9-- Jurisdiction of civil Court - Trust deed - Disputes relating to trust, trustees and beneficiaries arising out of Trust Deed and Trust Act are not capable of being decided by arbitrator though private arbitration despite existence of arbitration agreement to that effect between parties - Such..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 9-- Rejection of application U.O.22.R.9 CPC by an appellate Court (not being High Court) - Order is appealable before High Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit - Counsel for plaintiff not present - Counsel for defendant present - Plaintiff did not adduce any evidence and claim of plaintiff not admitted by defendants - In such a situation suit can only be dismissed by invoking O.9.R.8 CPC - Plaintiff thus can seek restoration of suit..........
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..........

Showing : 61-70 of 431 Results