Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - Court by resort to O.10 CPC can search examination of a party and in case Court is prima facie of the view that suit is an abuse of the process of Court in the sense that it is a bogus and irresponsible litigation, jurisdiction U.O.7.R.11 CPC can be exercised...........
Constitution of India, 1950, Article 142 -- Plenary power - Jurisdiction - Plenary powers also exit independent of statues with view to do complete justice between parties - Plenary powers are of very amplitude and are in nature of supplementary powers - Plenary power exits as separate and independent basis of jurisdiction apart from status - Plenary power stands upon..........
Constitution of India, 1950, Article 142 -- Plenary power - Jurisdiction - Court in exercise of power u/Art.142 of Constitution cannot curtail fundamental rights of citizens conferred under Constitution and pass orders in violation of substantive provisions which are based on fundamental policy principles, yet when a case of present nature arises, it may issue appropriate..........
Constitution of India, 1950, Article 142, Transfer of Prisoners Act, 1950, Section 3 -- Inter state transfer of under trial prisoner - Jurisdiction - Submission that Supreme Court in exercise of equity jurisdiction u/Art.142 of Constitution cannot transfer accused from Siwan Jail to any other jail in another State is unacceptable as basic premise of said argument is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proviso to O.6.R.17 CPC, is in a mandatory form - Jurisdiction of Court to allow an application for amendment after trial had commenced is taken away unless conditions precedent thereof are satisfied viz. Court must come to conclusion that in spite of due diligence the party could not raise the matter..........
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 - Said specific averments not denied by..........
Consumer Protection Act, 1986, Section 11, 2(d), Electricity Act, 2003, Section 135 -- Consumer complaint - Theft of electricity - Forum does not have jurisdiction to entertain the complaint in respect of theft of electricity...........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Valuation of suit - Suit for declaration, partition and separate possession - Suit was not properly valued - Plaintiff was directed to correct the valuation of suit - After correction of valuation of suit claim, Civil Judge Junior Division ceased to have pecuniary jurisdiction to entertain the suit -..........
Legal Services Authorities Act, 1987, Section 22(c) -- Permanent Lok Adalat - Jurisdiction - Detailed evidence required to decide the serious dispute - Permanent Lok Adalat has no jurisdiction - It is Civil Court which has jurisdiction...........
Constitution of India, 1950, Article 136 -- Municipal election - Special leave petition - Maintainability - In the instant case, nomination paper and allotment of symbol was rejected - When there is existence of alternative remedy, petition under Art.136 of Constitution is not maintainable as jurisdiction under Art.136 of Constitution is purely discretionary - Petition..........
