Civil Procedure Code, 1908, Section 100 -- Second appeal - Objection as to jurisdiction of trial Court - Objection not raised either before trial Court or even in First Appellate Court - Said objection cannot be raised for the first time in second appeal - Objection rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Re-appreciation of evidence - U/s 100 CPC, jurisdiction of High Court to interfere with judgment of Courts is confined to substantial question of law - In the absence of substantial question of law, findings of fact are not amenable in second appeal...........
Mutation -- Orders for mutation are passed on basis of possession of parties - Since no substantive rights of parties are decided in mutation proceedings, ordinarily a writ petition is not maintainable in respect of orders passed in mutation proceedings, unless found to be totally without jurisdiction or contrary to title already decided by competent Court - Parties are..........
Constitution of India, 1950, Article 136 -- Appeal - Merely because two Courts have taken particular view on material issues, that by itself does not operate as fetter on Supreme Court to exercise jurisdiction u/art 136 of Constitution...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Where main relief is cognizable by Civil Court, suit would be cognizable by Civil Court only and ancillary reliefs, which could be granted by Revenue Court may also be granted by Civil Court...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural land - Suit for permanent injunction, possession and damages - Civil Court have the power to entertain suit where main relief sought is that of injunction and demolition, a relief which could be granted by civil Court only - Relief of possession will be merely ancillary relief which civil..........
Constitution of India, 1950, Article 227 -- Supervisory jurisdiction of High Court - Can be exercised only if order of lower Court is patently illegal or without jurisdiction - Mere errors committed by lower Courts cannot be rectified by this Court in exercise of its power U.Art.227 of the Constitution...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Plea of lack of territorial jurisdiction in Court passing decree - An enquiry into jurisdiction of Court which passed the decree should not be confused with validity of decree on merits - Order rejecting objections set aside...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Objection as to lack of inherent jurisdiction in Court passing decree - Plea can be decided by Executing Court...........
Wrong provision of law -- Non-mentioning or wrong mentioning of provision of law would not be of any relevance if Court has requisite jurisdiction to pass an order...........
