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Results of s 47 civil procedure code jurisdiction

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Showing : 1-10 of 137 Results

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court can dismiss an execution application if decree put to execution is unmistakably found to suffer from an inherent lack of jurisdiction of Court that made the same rendering it a nullity in the eye of law...........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Deciding a case without first adjudicating on its competence to decide such controversy, amounts to decision rendered on an illegal and erroneous assumption of jurisdiction and can be assailed as lacking of inherent jurisdiction and treated as a nullity in the eye of law - Decree drawn up based thereon is..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court cannot examine the validity of order of Court which had allowed the execution of decree unless Court's order is itself without jurisdiction...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Only a decree which is nullity can be subject matter of objection u/s 47 CPC - When there was no such inherent lack of jurisdiction application u/s 47 CPC is not maintainable...........

UTTARAKHAND HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 47, Commercial Courts Act, 2015, Section 15 -- Execution - Objection regarding territorial jurisdiction of Court - Petitioner contended that in view of S.15(2) of Commercial Court Act, execution application was not maintainable before civil Court and it ought to have filed before Commercial Court - However, said plea was neither raised..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Recourse to successive review petitions against same order is impermissible, particularly when respondents miserably failed to draw attention of Court to any circumstances that would entitle them to invoke review jurisdiction within ambit of Rules...........

TELANGANA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Erroneous order cannot be reheard or corrected or set aside by invoking review jurisdiction - A review can only lie on the grounds mentioned in O.47.R.1 CPC...........

ALLAHABAD HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 114, 114, Order 47, Rule 1 -- Review - New grounds/arguments cannot be permitted to be raised in review jurisdiction - Review application dismissed...........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Decree for injunction - Executing Court directing parties not to change nature of suit property or to excavate any soil or clay from it - Said direction is completely contrary to decree of injunction put under execution - Executing Court is not meant for nullifying decree rather to oversee that decree is carried out,..........

ALLAHABAD HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Mere rejection of Special Leave Petition against same judgment without assigning any reason would not take away jurisdiction of Court to review its own judgment if grounds for exercise of review jurisdiction exist...........

Showing : 1-10 of 137 Results