LawMirror.com

Results of jurisdiction of court

Showing : 2021-2030 of 4094 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Jurisdiction of civil court - Question raised in second appeal for the first time - Question of jurisdiction was not raised by appellants before courts below - Held, question of law or facts which was not before courts below cannot be raised for first time in regular second appeal...........

RAJASTHAN HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit property relating to Wakf - Suit triable by Tribunal created under Wakf Act - Civil Court has no jurisdiction - Suit dismissed...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Provision of S.482 Cr.P.C. envisages three circumstances under which the inherent jurisdiction may be exercised, namely, (i) to give effect to an order under the Code, (ii) to prevent abuse of the process of Court, and (iii) to otherwise secure the ends of justice...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Civil Procedure Code, 1908, Section 9, 11, Evidence Act, 1872, Section 115 -- Court having no jurisdiction - Consent cannot confer jurisdiction on a Court when it has none - An order passed by Court having no jurisdiction is a nullity - When the court lacks inherent jurisdiction, the procedural provision of estoppel, waiver or res-judicata shall also not apply...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2009
Details

Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Acquittal - Revision - Held, High Court in its revisional jurisdiction is not required to re-appreciate and re-appraise evidence to reach a finding different from trial court at the instance of a private party - In its revisional jurisdiction, at the instance of a private party, court exercises only a..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Civil Procedure Code, 1908, Section 34 -- Interest - Can be awarded in terms of an agreement or statutory provisions - It can also be awarded by reason of usage or trade having the force of law or on equitable considerations - However, it cannot be awarded by way of damages except in cases where money due is wrongfully withheld and there are equitable grounds therefor, for..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Specific Relief Act, 1963, Section 20 -- Specific performance - Relief of - A discretionary jurisdiction of Court - Conduct of parties assumes significance in exercise of jurisdiction of discretion...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

U P Consolidation of Holdings Act, 1953 -- Civil Court - Bar of jurisdiction - Jurisdiction of Civil Court is barred not only in respect of the matters mentioned in the provision but also the matters which could and ought to have been the subject matter of the proceedings under the Act...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Ratification - If Court had no jurisdiction to accept the compromise in defiance of the mandatory provision contained in O.23.R.3 CPC the question of invoking the doctrine of ratification does not arise - The doctrine of ratification may be applicable in the realm of private law regime but not for the purpose of..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Limitation Act, 1963, Section 3, 5, Article 123 -- Application filed beyond period of limitation without being accompanied by an application for condonation of delay - Held, in absence of an application for condonation of delay, Court has no jurisdiction to entertain the application for setting aside the decree...........

Showing : 2021-2030 of 4094 Results