Showing : 51-60 of 135 Results

BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint for want of jurisdiction - Where Civil Court lacks jurisdiction due to nature of suit, plaint need not be rejected but plaint has to be returned for presentation before proper forum though issues have been settled - Plaint, held, rightly returned...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint for want of jurisdiction - Appeal U.O.43 CPC - Maintainability - Appeal U.O.43 CPC against order of return of plaint is maintainable...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Jurisdiction - If jurisdiction of Court is not decided at interim stage, then at the time of settling the issues, law provides opportunity to parties to raise the issue of jurisdiction and also empowers the Court to decide that issue - Plaint therefore, can be returned not only..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 10A-- Return of plaint - Jurisdiction - Object of O.7.R.10-A CPC is not to interfere in jurisdiction of other Court but it is with a view to curtail unnecessary exercise of issuance of summons to defendant when defendant is before Court - Said provision does not create any anomaly or clash in..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Jurisdiction - If Court comes to conclusion that it has no jurisdiction, it is incomprehensible that it discusses the evidence, analyses the same, renders a finding on merits and then returns the plaint - Order returning plaint for want of jurisdiction set aside as except making..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - It is only the plaint averments which are to be taken into consideration while deciding an application U.O.7.R.10 CPC and not the defence contained in written statement - If, on assuming the averments made in plaint to be true and correct, Court comes to conclusion that it has..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Jurisdiction - Plaintiff founded his cause of action on the basis of admission on the part of defendant - It is immaterial that plaintiff had in its reply to the notice taken a contrary view - However, the fact that defendant can explain the admission and explain the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 10, Hindu Marriage Act, 1955, Section 19-- Return of plaint - Jurisdiction - Court at place `J' does not have jurisdiction merely on the plea that parties visited the village which comes under the jurisdiction of Court at place `J' - By visiting village `G' for ceremony, parties cannot confer jurisdiction upon Court at place `J' as it..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Denovo trial - When plaint is returned for want of jurisdiction and when it is presented before proper court, proceedings be taken afresh and it cannot be treated as continuation of the suit filed in wrong court - Delay in raising an objection by defendant in this regard and..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 10, Hindu Marriage Act, 1955, Section 19-- Return of plaint - Territorial jurisdiction - Plaint/petition is returnable U.O.7.R.10 CPC only where a finding about want of jurisdiction can be arrived at on the averments made in the plaint itself - Where allegation of defendant require enquiry and evidence is needed to arrive at a conclusion,..........

Showing : 51-60 of 135 Results