Showing : 1-10 of 109 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 23-- Plea of pecuniary jurisdiction before National Commission - Plea not specifically raised before State Commission at earliest opportunity - State Commission having already decided the matter on merits, such a technical objection as regards pecuniary jurisdiction could not have been countenanced..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151-- Recall of an order - Application filed by plaintiff - Order pertains to hearing additional issue regarding maintainability of suit as preliminary issue - Pecuniary jurisdiction of Court is determined by Valuation made by plaintiff as per plaint and not on contention taken by defendant - Moreover,..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 21-- Objection to jurisdiction - Rejection of transfer petition - Plea of pecuniary jurisdiction was not taken by defendant in his written statement, but becomes available to him only when amendment has been made to CPC - Interest of defendant therefore, may be protected in any further appeal against..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 2(2)-- Preliminary issue - Issue of Court fee - Cannot be decided as preliminary issue in the absence of finding that valuation of suit has been done in such manner that valuation of suit would take it out of pecuniary jurisdiction of Court...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 21-- Inherent jurisdiction - Issues of territorial and pecuniary jurisdiction are not issues of lack of inherent jurisdiction because such objections can be waived as per S.21 CPC...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 21-- Jurisdiction - Objection - Merely because suit property is beyond the pecuniary jurisdiction of trial Court, same would have no bearing on the validity of judgment and decree passed by it, more particularly, when respondents failed to question the judgment and decree so passed on the ground that..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6C-- Exclusion of counter claim - Requirements of exclusion of counter claim are: (i) It should be within pecuniary and territorial jurisdiction of Court wherein suit is instituted; (ii) it must have some nexus with claim raised in the suit/relief sought in the suit; (iii) it must be a relevant one in..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(b)-- Rejection of plaint - Valuation of suit - Suit for declaration, partition and separate possession - Suit was not properly valued - Plaintiff was directed to correct the valuation of suit - After correction of valuation of suit claim, Civil Judge Junior Division ceased to have pecuniary..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendant from carrying out excavation upto 22 feet for the purpose of construction of basement adjacent to the house of plaintiff - Said excavation resulting into damage to the foundation as well as wall above of the house of plaintiff - These facts have been..........
MADHYA PRADESH HIGH COURT
Year of decision: 2016
Details
Suits Valuation Act, 1887, Section 4, 11-- Valuation of suit - Suit for partition - Filed before Court of limited pecuniary jurisdiction - Trial Court with limited pecuniary jurisdiction can direct plaintiff to value suit as per the guidelines as it is within the jurisdiction of Civil Judge even if material would not have been brought to..........

Showing : 1-10 of 109 Results