Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order of Court directing defendants to file written statement without deciding application U.O.7.R.11 CPC is contrary to scheme of Code and is a procedural irregularity - No application is necessary for Court to exercise jurisdiction and to conduct scrutiny to ascertain whether plaint discloses cause of..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Rejection of irrelevant or inadmissible document - Court has jurisdiction to reject a document at any stage of suit which it considers irrelevant or otherwise inadmissible, recording grounds of such rejection...........
Agreement to sell -- Specific performance - If a party to a lis does not disclose all material facts truly and fairly but states them in distorted manner and mislead Court, Court has inherent power to exercise its jurisdiction in order to prevent abuse of the process of law...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Application for transposition at appellate stage - Transposition is permissible even at the appellate stage as appellate court u/s 107 CPC has same powers as court of original jurisdiction i.e. trial court, therefore, O.1.R.10 CPC is applicable at appellate stage also...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Jurisdiction - If Court comes to conclusion that it has no jurisdiction, it is incomprehensible that it discusses the evidence, analyses the same, renders a finding on merits and then returns the plaint - Order returning plaint for want of jurisdiction set aside as except making a bald observation that it..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11, 13 -- Shamilat deh - Jurisdiction - Wrongful and unauthorized possession of shamilat deh - It is Assistant Collector of First Grade alone who can eject any person who is in wrongful and unauthorized possession of shamilat deh of any village and instead put Panchayat in possession thereof - It is Assistant..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Section 115, Order 2, Rule 2, Constitution of India, 1950, Article 227 -- Counter claim - Revision - An order of dismissal of counter-claim being barred by principles of O.2.R.2 CPC cannot be set aside in exercise of revisional jurisdiction u/s 115 CPC or in exercise of power of superintendence under..........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Objections - Executing Court expressed an opinion that it has become functus oficio and hence, it cannot initiate or launch any enquiry - Jurisdiction of High Court invoked under article 227 of Constitution assailing the order on the foundation that executing court had..........
Civil Procedure Code, 1908, Section 115 -- Revision - If a Subordinate Court exercises jurisdiction not vested in it by law or fails to exercise jurisdiction so vested, said order u/s 115 CPC is revisable - After amendment of CPC in 2002 w.e.f. 1.7.2002, said power is exercised u/art 227 of Constitution of India...........
Service -- Quantum of punishment - Labour Courts/Industrial Tribunal has jurisdiction to interfere in quantum of punishment and said discretionary power has to be exercised judiciously...........
