Showing : 231-240 of 744 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 9, H.P.Tenancy and Land Reforms Act, 1974, Section 104-- H.P.Tenancy and Land Reforms Rules, 1975, Part V Suit for declaration of ownership and challenge to entries of tenancy in jamabandi - Jurisdiction of civil court - Defendant claiming it to be a dispute of tenancy and ouster of jurisdiction of civil court - Plaintiff claiming that question of..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 122, Madras High Court (Original Statement) Rules, 1956, Order 36, Rule 2-- Madras High Court - Territorial jurisdiction - Suit for recovery of amount due on mortgage, in respect of the property situated outside the jurisdiction of Madras High Court - Held, suit cannot be classified as a suit for land and hence it is maintainable on the original side of this Court...........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 20, Order 14, Rule 2-- Territorial jurisdiction - Issue as to - Application to treat issue of territorial jurisdiction as preliminary issue - A specific statement has been made by plaintiff in Para 11 of the plaint coupled with the fact that matter is almost at final stage and plaintiff has to prove jurisdiction as per..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - It is not the pleaded case of petitioner that plaint does not disclose cause of action - It has only pleaded that no part of cause of action had arisen within jurisdiction of Hyderabad Court - Held, issue of plaint not disclosing cause of action is different and distinct from..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 20-- Jurisdiction - Two Courts simultaneously having jurisdiction - Parties by agreement can exclude jurisdiction of one Court and suit lies in the Court agreed upon by the parties...........
CALCUTTA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 15-- Jurisdiction to deal with subject matter - Non raising of objection as to - Effect - Held, even if a party may not have raised the point that Court does not have jurisdiction to decide the subject matter of dispute and ultimately suffers an order or a decree, such order/decree is a nullity and..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 89-- Jurisdiction of Civil Court - Plaintiff gave notice dated 24.04.1996 by which defendants were called upon to finalize and pay the claim within a period of 60 days from the date of receipt of notice - Plaintiff filed the suit on 24.09.1996 which is within 90 days from expiry of the stipulated..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 115-- Jurisdiction of execution Court - Revision - Maintainability - Judgment debtors raised fundamental question regarding jurisdiction of execution Court in trying to execute the decree - The questions are pure questions of law, viz., the locus standi and the question of limitation - Held, they fall..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151-- Inherent powers - Scope of - Held, inherent power of civil court cannot be invoked in order to cut across power conferred by the Code or other statute - But where there is no specific provision dealing with a situation, a civil court under its inherent power u/s 151 CPC can exercise jurisdiction..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 11-- Decree passed on merits without jurisdiction - Whether operates as res judicata? - Held, a decree passed by a Court of competent jurisdiction, after adjudication on merits of the rights of the parties, operates as res judicata in a subsequent suit - However, a decree passed by a Court without..........

Showing : 231-240 of 744 Results