Showing : 21-30 of 46 Results

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..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 8, Rule 6-A-- Suit for permanent injunction - Plaintiff claiming exclusive possession - Defendant claiming that parties are in joint possession of the property - Counter claim whereby defendant seeking partition of the same - Title of suit property in dispute - Counter claim beyond pecuniary jurisdiction of..........
CALCUTTA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 7, Rule 11, 10-- Rejection of plaint - Statutory bar of jurisdiction - Plaint to be rejected and not to be returned - Plaint can be returned for presentation before proper Court only when it is presented a court which lacks either territorial or pecuniary jurisdiction and not in a case of statutory bar of..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 16(d)-- Jurisdiction - Can be classified into several categories - Important categories are : (i) territorial or local jurisdiction; (ii) pecuniary jurisdiction; and (iii) jurisdiction over the subject-matter - So far as territorial and pecuniary jurisdiction are concerned, objection to such jurisdiction..........
KARNATAKA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 10, 10-A, Civil Procedure Code, 1908, Order 8, Rule 6-A-- Counter claim - Has to be treated like a plaint - If it exceeds the pecuniary jurisdiction of the Court the same shall be returned for being presented to the competent Court with an endorsement regarding date of its presentation and return, brief statement of the reasons for returning it - Trial..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 9, 15, 16, 17, 18, 19, 20, 21-- Lack of inherent jurisdiction and objection to territorial jurisdiction and pecuniary jurisdiction - Distinction - Inherent lack of jurisdiction may make a decree passed by that Court one without jurisdiction or void in law - A decree passed by a Court lacking territorial jurisdiction or pecuniary..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 9, 15, 16, 17, 18, 19, 20, 21-- Jurisdiction - Inherent lack of jurisdiction - Decree is one without jurisdiction or void in law - Decree passed by a Court lacking territorial jurisdiction or pecuniary jurisdiction does not automatically become void - It is a voidable decree and can be challenged provided the conditions of S.21..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 2(2), 9, 21, 16-- Decree passed by a Court lacking inherent jurisdiction is a nullity - Principles of estoppel, waiver and acquiescence or res judicata are not applicable to such a decree - However, this is not the case with a decree passed by a Court having no territorial or pecuniary jurisdiction - Such a decree..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 21-- Jurisdiction - Categories are : (i) Territorial or local jurisdiction; (ii) Pecuniary jurisdiction and (iii) Jurisdiction over the subject matter - Objections as to territorial and pecuniary jurisdictions have to be taken at the earliest possible opportunity and in any case at or before settlement..........

Showing : 21-30 of 46 Results