Showing : 211-220 of 758 Results

BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 19(iiia), 13(1)(ia)-- Jurisdiction of Family Court - Petition for dissolution of marriage filed before Family Court at Mumbai - Marriage between parties was solemnized at Jammu - Maintainability - Held, there is nothing in the Central Act to even remotely suggest that marriage between Hindu spouses must be performed..........
GAUHATI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 11-- Money decree - Execution - Objection - Petitioner nowhere in his petition u/s 47 stated that the Executing Court has had no jurisdiction or the ground why the decree cannot be executed - Rather he raised the question of only procedural defect - Held, procedural defect itself cannot be a ground for..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2-- Review jurisdiction - Exercise of - Held, a party is not entitled to seek a review of a judgment merely for the purpose of a rehearing and a fresh decision of the case - Power of review can be exercised on application of a person, on discovery of new and important matter or evidence which after..........
PATNA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 14, Rule 2, Limitation Act, 1963, Section 14(2)-- Limitation - When can be decided as preliminary issue? - Held, Code confers no jurisdiction on a court to try a suit on mixed question of facts and law as a preliminary issue - Only in appropriate cases court may try an issue of limitation as a preliminary issue which instance is rare and fewer,..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 24-- Matrimonial proceedings - Transfer of - Husband initiated matrimonial proceedings which is pending before Court at "P" - Applicant/wife filed criminal and matrimonial cases before Court at "A" within whose territorial jurisdiction her parents reside - Applicant resides in the vicinity of place "A"..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Applicability - Held, if the decision/order of Court/authority is void for want of jurisdiction over the subject matter, it cannot operate as res judicata; so as to make that judgment conclusive between the parties, since the essential pre-requisite is that it should be the judgment..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 92, 115-- Suit against public trust - Grant of leave - Revision against - Revision petitioners have not specifically pointed out any fraud being played by applicants 1 and 2/plaintiffs in getting the leave - Similarly, they have not raised any ground that Court below has passed an order granting leave..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 24, 92-- Suit against public trust - Transfer of case - Permissibility - First defendant, a charitable trust, has its registered office only at "T" in "N" District - Most of the plaintiffs and defendants in the suit are also stated to be residents of "N" District - Held, there is no sufficient ground to..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 2(2), 47-- Decree - Null and void - A decree could be said to be null and void only when the decree is made by a Court which has no inherent jurisdiction to make it - Inherent lack of jurisdiction must appear on the face of the record - Where the objection as to jurisdiction of the Court to pass the decree..........
GAUHATI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, Constitution of India, 1950, Article 136-- Special leave to appeal - Review - Doctrine of merger - Held, jurisdiction, conferred by Art.136 of the Constitution, is divisible into two stages - First stage is up to disposal of prayer for special leave to file an appeal - Second stage commences if and when leave to appeal is granted and..........

Showing : 211-220 of 758 Results