Showing : 31-40 of 109 Results

CALCUTTA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plea of lack of pecuniary jurisdiction - Plaint not liable to be rejected...........
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2010
Details
Consumer Protection Act, 1986, Section 21-- Jurisdiction - Pecuniary jurisdiction - Medical negligence - Exaggerated claim - Substantive loss which consists of pecuniary damages is to the tune of Rs. 2,19,000 only - Non pecuniary loss claimed at Rs. 15,00,000 - Exemplary damages claimed at Rs. 2 crores - Prime facie held to be highly..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 8, Rule 6, 6-A-- Counter claim - In a suit for permanent injunction and accounting - Counter claim is not confined to money suit - By way of counter claim any relief against plaintiff can be asked for - Only rider imposed is that counter claim shall not exceed pecuniary jurisdiction of Court...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 92-- State amendment whereby Court other than District Court also conferred jurisdiction u/s 92 CPC - Since the legislature has used the words `or' whereby the suit could be instituted either in District Court or in any Court empowered by State Govt. which denotes an alternative, giving a choice -..........
RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION, JAIPUR
Year of decision: 2009
Details
Consumer Protection Act, 1986, Section 17-- Pecuniary jurisdiction - Valuation in plaint by the complainant determines the jurisdiction of the Court or Forum or Commission - The allegation in the written statement is not relevant for determining the pecuniary jurisdiction...........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 8, Rule 6-A, Court Fees Act, 1870, Section 7-- Counter claim - Question of valuation of suit property, payment of Court fee and pecuniary jurisdiction of trial Court to try the counter claim - All these issues decided in favour of defendant - Revisional Court erred in law in dismissing the revision by holding it as not maintainable - Matter..........
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2009
Details
Consumer Protection Act, 1986, Section 11-- Pecuniary jurisdiction - New plea - Appellate stage - Issue relating to pecuniary jurisdiction not taken at the earliest before the District Forum - The issued raised before the State Commission at appellate stage - The same could not be entertained by the State Commission at the appellate stage...........
DELHI HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Pecuniary jurisdiction - After the trial was over trial Court came to conclusion that suit was beyond pecuniary jurisdiction of Court - Case transferred - Defendant seeking de novo trial and seeking permission to file fresh written statement - Held, defendant has no right to ask for de novo trial..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 20, 21, Civil Procedure Code, 1908, Order 21, Rule 1-- Dishonour of cheque - Complaint transferred to Lok Adalat - Compromise by parties - Award of Rs.4 lacs passed - Such an award is a decree and same is executable under CPC - Execution - Pecuniary jurisdiction of Court restricted to Rs.1 lac - Held, execution petition is not liable to be dismissed..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 20, 21, Civil Procedure Code, 1908, Order 21, Rule 1-- Dishonour of cheque - Complaint transferred to Lok Adalat - Compromise by parties - Award of Rs.4 lacs passed - Such an award is a decree and same is executable under CPC - Execution - Pecuniary jurisdiction of Court restricted to Rs.1 lac - Held, execution petition is not liable to be dismissed..........

Showing : 31-40 of 109 Results