Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Power U.O.26.R.9 CPC to appoint commissioner is discretionary - If discretion has been exercised by Court, it cannot be said that Court has committed error of jurisdiction by allowing application O.26.R.9 CPC...........
Arbitration and Conciliation Act, 1996, Section 11(6), 7 -- Appointment of arbitrator - No arbitration agreement between parties agreeing to refer either present or future disputes to arbitration - Clause 15 of contract agreement is a dispute resolution mechanism at Company level rather than an arbitration agreement - Even in clause 5 of communication between parties there..........
Arbitration and Conciliation Act, 1996, Section 11(6), 42 -- Appointment of arbitrator - Territorial jurisdiction - Mere fact that appointment of an arbitrator is not opposed by appellants that itself will not confer jurisdiction upon High Court if otherwise, High Court had no jurisdiction...........
Arbitration and Conciliation Act, 1996, Section 11(6), 42 -- Appointment of arbitrator - Territorial jurisdiction - Respondent before filing an application u/s 11(6) of the Act moved an application u/s 9 of the Act before Court at Visakhapatnam - In that view of matter considering S.42 of the Act, High Court of AP alone would have jurisdiction to decide subsequent..........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - Issue of law - Issue of law as mentioned in application does not contain issue relating to jurisdiction of Court or a bar to suit created by any law for time being in force - Contention that issue of law has to be decided first, not tenable...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Deficiency in service - Consumer Forum which has a limited jurisdiction to find out if there was any deficiency in service, could not have allowed complaint on the basis of sketchy pleadings supported by doubtful evidence - Since there was no categorical evidence of any deficiency in service..........
Succession Act, 1925, Section 217 -- Probate - Will - Probate Court while scrutinizing propriety of Will ventured in exceeding its jurisdiction u/s 217 of the Act to decide the propriety of registered adoption deed by making observations and that too being perverse in nature because it was not based upon any scrutinization of evidence - Said findings of Probate Court..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Jurisdiction - If petition is filed alongwith affidavit, disclosing residential address of petitioner in the duly sworn affidavit, that itself is sufficient to continue the proceedings to provide immediate relief to the destitute wife/children...........
Civil Procedure Code, 1908, Section 25 -- Transfer petition - Plea of territorial jurisdiction or lack thereof cannot be entertained by Supreme Court while exercising its jurisdiction u/s 25 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction - Bill of lading - Its application confined only port to port - Theft occurred not during course of transit but after consignment was taken over by the agent i.e. the bailee from the destination port - Confinement of jurisdiction with U.S. Court under the bill of lading has no..........
