Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Words `actually and voluntarily resides' do not allow interpretation of S.20 CPC to vest jurisdiction in Court within whose territorial jurisdiction passport address of defendant is or permanent place of residence disclosed by defendant in any other document, is situated or within whose jurisdiction..........
Civil Procedure Code, 1908, Section 20, Order 37, Rule 1(2)(b)(i) -- Summary suit for recovery - Leave to defend - Territorial jurisdiction - Joint motion/judgment of US Court - Plaintiff in his plaint not pleaded any business of defendants within territorial jurisdiction of this Court or even given the place of residence of defendant No.1 - Without plaintiff being able to..........
Guardians and Wards Act, 1890, Section 9, 25 -- Custody of child - Petition for custody of child filed by husband at `Agra' - Territorial jurisdiction of Court - Child born at Gaziabad and after three weeks shifted to Bhopal along with her mother - He never resided at Agra and is still living at Bhopal - Record reveals that child not ordinarily resided at Agra - Family..........
Arbitration and Conciliation Act, 1996, Section 9, 20, 34, 36, 42, Micro Small and Medium Enterprises Development Act, 2006, Section 18 -- Jurisdiction - Place where arbitration proceedings were held cannot be taken as only ground to exclusively confer territorial jurisdiction on Court at place even in absence of any agreement between parties to that effect...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Copyright violation - Territorial jurisdiction - There is no specific denial in written statement to averments in plaint, therefore, defendant deemed to have admitted such allegations - Moreover, defendants on its website admitted of its offices at New Delhi, being global company and as per its governing..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Admission - Territorial jurisdiction - Defendant has to specifically deny each and every assertion of plaintiff qua territorial jurisdiction lest there shall be deemed admission...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Contract Act, 1872, Section 23, 28, Copyright Act, 1957, Section 62, Trade Marks Act, 1999, Section 134 -- Ad-interim injunction - Infringement of copyright - Territorial jurisdiction - In the instant case, Cl.29 of agreement is clear and unambiguous and parties by said clause have bound themselves that in any matter arising..........
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...........
Hindu Marriage Act, 1955, Section 19 -- Divorce petition - Jurisdiction - `Last resided together' - `Residence' in its ordinary meaning is something, more or less, of a permanent character and it is something more than a temporary stay - Place where couple had casual or temporary visit, either for a health check up or business or for a change, cannot be treated to be a..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 10, 10A, 11 -- Jurisdiction - Parties by agreement can confer exclusive jurisdiction to Court at place where part of cause of action has arisen - Parties had signed form to abide the By-laws and these Bye-laws provide that Courts at Mumbai would have exclusive jurisdiction therefore Court at Fatehgarh Sahib lacks..........