Showing : 11-20 of 61 Results

BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 21-- Objection to jurisdiction - Three conditions to be satisfied - (i) That such objection was taken in the court of first instance at the earliest possible opportunity; (ii) in all cases where issues are settled then at or before such settlement of issues (iii) There has been a consequent failure of..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 21, 100-- Jurisdiction - Objection as to - Appellant raised objection as to place of suing but lower appellate Court allowed appeal without considering as to whether there was any failure of justice to appellant on account of lack of territorial jurisdiction - Impugned order set aside - Lower appellate..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 9, 21-- Jurisdiction of Civil Court - Objection as to exclusion - Held, objection as to exclusion of Civil Court's jurisdiction for availability of alternative forum should be taken before trial Court and at the earliest failing which higher Court may refuse to entertain plea in the absence of proof of..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 2(2), 9, 16, 21-- Decree passed by Court lacking jurisdiction - Decree is nullity - Finding of a Court or tribunal becomes irrelevant and unenforceable/inexecutable once the forum is found to have no jurisdiction - Acquiescence of a party cannot be permitted to defeat the legislative animation - Court cannot derive..........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 89, 16, 20, 21, Order 23, Rule 3- - Refund of entire court fee - Entitlement - Held, for refund of court fee as provided u/s 16 of the Court Fees Act, 1870, the matter should have been referred to any of the modes of settlement u/s 89 of CPC - If the matter is settled between the parties, otherwise than on a reference u/s 89 of..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 21-- Jurisdiction - A case cannot be transferred when filed in a Court having no jurisdiction at all to hear it...........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 21-- Territorial jurisdiction - Objection to - Objection has to be taken at first instance as per mandate of S.21 of CPC - If that is not done and if written statement is filed, the party must be taken to have submitted to the jurisdiction of Court for good...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(8)-- Eviction petition - Ground of arrears of rent - Suit decreed ex-parte when tenant not appeared - Tenant filed application U.O.9.R.13 CPC for setting aside ex-parte decree - Question whether tenant was required to deposit arrears of rent at the time he filed application for setting aside the..........
GAUHATI HIGH COURT
Year of decision: 2010
Details
Limitation Act, 1963, Section 21(1)-- Proviso, 2(h), Civil Procedure Code, 1908, O.1.R.10(2) - Substitution or addition of new defendant - Limitation - Plaintiff brought suit against five defendants - One of defendants was dead - On gaining knowledge of fact of death of one of defendants, plaintiff filed application U.O.1.R.10 CPC to..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Divorce Act, 1869, Section 10, Protection of Women from Domestic Violence Act, 2005, Section 31, 32, 19, 20, 21, 22, Civil Procedure Code, 1908, Order 39, Rule 2-A-- Wife filed petition for divorce - During pendency of petition, wife sought protection under Section 18 to 22 of Domestic Violence Act - Family court granted protection - Breach of protection order by husband - Family court has jurisdiction to levy penalty under Section 32(3) of Domestic Violence..........

Showing : 11-20 of 61 Results