Showing : 51-60 of 510 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 34-- Interest on delayed payment of gratuity - Award of 12% interest - Interest is compensatory in nature - Court is not bound to direct payment of interest restricted at the rate of interest indicated in S.34 CPC - Merely because appeal arises out of a civil suit does not mean that Court cannot go..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83-- Jurisdiction of civil Court - Jurisdiction of civil Court is barred when question involved in the suit is whether suit land is wakf property or not, as said question can be decided only by Tribunal and not by Civil Court...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Industrial Housing Act, 1955, Section 13-- Jurisdiction of civil Court - S.13 of Act of 1955 only restricts the rights of worker/person in approaching the Courts to question the legality of action taken under the Act - Said provision does not oust jurisdiction of Civil Court to try eviction suit filed by employer under the Act...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Eviction suit - Suit filed to claim eviction from any accommodation is a suit of "civil nature" - Civil Court is competent to take cognizance of such suit unless its jurisdiction is expressly or impliedly barred by virtue of any special enactment...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 10, 151-- Stay of suit - Plaintiff filed suit of eviction by claiming title through a sale deed - Defendant after institution of present suit filed a suit for declaration that sale deed was void - Court of Small Causes is a Court of limited jurisdiction and its judgment and decree based on landlord tenant..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 21-- Jurisdiction - Objection - Merely because suit property is beyond the pecuniary jurisdiction of trial Court, same would have no bearing on the validity of judgment and decree passed by it, more particularly, when respondents failed to question the judgment and decree so passed on the ground that..........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Electricity Act, 2003, Section 154, 126-- Return of plaint by civil Court for filing it before Special Tribunal constituted under Electricity Act - Bar of civil suit under Act of 2003 will occur only if there is challenge to assessment procedure u/s 126 of 2003 Act - Hence, ouster of jurisdiction of civil Court is not presumed or inferred..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6C-- Exclusion of counter claim - Requirements of exclusion of counter claim are: (i) It should be within pecuniary and territorial jurisdiction of Court wherein suit is instituted; (ii) it must have some nexus with claim raised in the suit/relief sought in the suit; (iii) it must be a relevant one in..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - Suit for declaration of title and proceedings for grant of succession certificate - Both proceedings are different and jurisdiction of Courts is also different - S.10 CPC is not attracted to stay the proceedings initiated for grant of succession certificate...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Eviction suit - Specific averments on record that tenants were evicted from premises but were re-inducted and permitted to stay for a short while in suit premises for marriage of their daughter - However, tenants refused to vacate premises thereafter and no rent has been paid -..........

Showing : 51-60 of 510 Results