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Results of jurisdiction of court

Showing : 2001-2010 of 4094 Results

ALLAHABAD HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - For applicability of the principle of res judicata essential conditions are : (i) that the ligating parties in the two suits must be the same; (ii) that the subject matter of the suit must also be identical; (iii) the matter must be heard and finally decided by the Court; and (iv) the decision should be by a Court of..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Revision - Dismissal by High Court in view of concurrent findings of Courts below - Held, High Court in its revisional jurisdiction ought to have recorded its independent findings on merits after considering all points, raised by the parties, before it, based on the assessment of the evidence by the authorities..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction on ground of personal necessity and sub letting - Dismissal of petition by Rent Controller - Order upheld by appellate Court - Dismissal of revision by High Court in view of concurrent findings of Courts below - held, Supreme Court in exercise of its jurisdiction in appeal will not be over-reaching its..........

KARNATAKA HIGH COURT

Year of decision: 2009
Details

Criminal Procedure Code, 1973, Section 154(3), 156(3), 482 -- Registration of FIR - Writ jurisdiction - Alternative remedy - Held, if a person has a grievance that his FIR has not been registered by police station his first remedy is to approach Superintendent of Police u/ss 154(3) Cr.P.C. or other police officer referred to in S.36 of Cr.P.C. - If despite approaching..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Criminal Procedure Code, 1973, Section 401 -- Revision against conviction - High Court while exercising revisional jurisdiction is not to reevaluate and reappreciate the evidence of prosecution unless it comes to the conclusion that findings recorded are illegal, perverse or erroneous on account of misreading of evidence - In the instant case neither IO examined nor site..........

GUJARAT HIGH COURT

Year of decision: 2009
Details

Criminal Procedure Code, 1973, Section 226, 227, 482 -- Nomenclature - Not relevant - Held, nomenclature under which petition was filed was not quite relevant and that did not debar court from exercising its jurisdiction which otherwise it possessed unless there was special procedure prescribed which procedure was mandatory - If in a case court finds that appellants could..........

GUJARAT HIGH COURT

Year of decision: 2009
Details

Criminal Procedure Code, 1973, Section 127 -- Maintenance - Enhancement - Jurisdiction of court - Court competent to grant enhancement to the tune more than what is sought - Demand made by the party cannot control the jurisdiction of the court on the aspect of quantification of the amount of maintenance - But if the court is to award maintenance higher than what is prayed,..........

KERALA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Section 106, 107, 141, Order 7, Rule 10 -- Appeal - Appellate Court having no jurisdiction - Appeal has to be returned - Provision of law as application to return of plaint also applies to return of memorandum of appeal when appellate Court has no jurisdiction to entertain it...........

KERALA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Section 106, 107, 141 -- Appeal - Appellate Court having no jurisdiction - Appeal cannot be decided on merits on the premise that there is no provision for return of the memorandum of appeal or withdrawal of appeal...........

KERALA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Appeal - Appellate Court having no jurisdiction - Held, when appellate Court has no jurisdiction to entertain appeal, appellant has to seek permission to withdraw the same for presentation before proper Court...........

Showing : 2001-2010 of 4094 Results