Civil Procedure Code, 1908, Section 47, 21 -- Execution - Objection as to territorial jurisdiction of Court passing the decree - Such an objection does not lie before executing Court...........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Suit for declaration - Suit filed by plaintiff is a derivative action on behalf of defendant No.2 which is a company incorporated in Dubai - Plaintiffs were also resident nationals of Dubai - Merely because dispute is about those shares which are issued by Indian Company would not lead to conclusion..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Plea of lack of territorial jurisdiction in Court passing decree - An enquiry into jurisdiction of Court which passed the decree should not be confused with validity of decree on merits - Order rejecting objections set aside...........
Civil Procedure Code, 1908, Section 19 -- Territorial Jurisdiction - Suit for damages - Plaintiff has option to sue a wrong doer at place within whose local limits the wrong was done or in Court within whose jurisdiction the defendant resides or carries on business or personally works for gain...........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Jurisdiction cannot be vested in Court by consent...........
Civil Procedure Code, 1908, Section 13, 20 -- Foreign judgment - Plaintiff sued on basis of foreign judgment and not on basis of original cause of action - He invoked S.13 CPC - Plaintiff cannot now, upon territorial jurisdiction of Court having been challenged, fall back on the original cause of action...........
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..........
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...........
