Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Both plaintiff No.1 and defendant No.1 claiming to be married to deceased `G' - Dispute is purely of civil nature - Dispute has to be resolved on the basis of evidence to be led by both the parties - Dispute is purely a civil dispute and not a dispute within a family to be resolved by Family Court...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 3 -- Scope - Inter se dispute between husband and wife cannot be decide by Tribunal under the Act - Merely because husband having crossed age of 60, is not a ground to confer a jurisdiction upon maintenance Tribunal to decide such dispute...........
Wakf Act, 1995, Section 83(9) -- Order passed on application U.O.6.R.17 CPC filed in waqf suit - When specific alternative mode of redressal is provided to challenge order passed on application U.O.6.R.17 CPC, Court is not inclined to exercise supervisory jurisdiction under Art.227 of Constitution to examine legality or correctness of that order under law - Therefore,..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 10, 11 -- Res judicata - Suit for injunction - Jurisdiction of Civil Court or Revenue Court - Decided in application U.O.7.R.11 CPC - Cannot be reagitated in application U.O.7.R.10 CPC...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Magistrate has no jurisdiction to order registration of FIR and direct investigation into offences under IPC against petitioner in absence of their being any sanction for prosecution u/s 197 Cr.P.C...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process summons - Complaint under SC/ST Act - Interference by Supreme Court - Where order issuing process against accused being purely interim in nature being passed in exercise of its discretionary powers finding prima facie case, same cannot be interfered with by Supreme Court in its appellate jurisdiction u/art..........
Criminal Procedure Code, 1973, Section 482, 133 -- Proceedings u/s 133 Cr.P.C. dropped - However proceedings resumed on the basis of letter received from Human Rights Commission - Human Rights Commission has no jurisdiction to entertain a dispute of alleged public nuisance, as Cr.P.C provides ample remedies for resolving such disputes - Moreover, civil suit is also going..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Issue involved in earlier suit for declaration and subsequent suit for permanent injunction though not found either directly or substantially in issue - But relief in subsequent suit dependent on ultimate outcome in earlier suit - S.10 of the Act thus, has no application to case - However, further..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for recovery of possession u/s 6 of Specific Relief Act - Objections filed on the ground that S.185 of Delhi Reforms Act bars a civil suit for recovery of possession - However, bar under said Act is not attracted, as suit property is not agricultural land - There was thus no inherent lack of..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of civil suit - Simultaneous prosecution of civil and criminal proceedings - Provision of S.10 CPC is inapplicable, as it is not a case of two Courts of concurrent jurisdiction trying two parallel suits in respect of same matter in issue - Consequently, it was not open for High Court to bypass S.10 CPC by invoking S.151..........
