Civil Procedure Code, Section 151,152 -- To correct any decree which has become final or to independently pass award enhancing solatium and interest as amended by Act 68 of 1984 - Reference Court or High Court has no power or jurisdiction to entertain any applications under Sections 151 and 152...........
Civil Procedure Code, Section 21(1) -- Objection to territorial jurisdiction of trial Court before Court of Appeal - Setting aside of decree without a finding that prejudice has been caused - Not sustainable - Unless failure of justice proved - Entire proceedings cannot be annulled - Three essential conditions under Section 21 are: (1) objection taken in the Court of first..........
Constitution of India, 1950, Article 226 -- Lease of Government property - Action of Authorities to lease out properties - Nothing to do with sovereign function of State nor it pertains to field of public law obligation - Does not warrant exercise of jurisdiction by High Court to compel Authorities to modify terms and conditions on which renewal of lease being offered...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that order of termination of service is illegal - Suit decreed - Execution seeking consequential benefits, salary, promotion etc. - Executing Court had no jurisdiction to direct payment of salary or grant any other consequential relief which did not flow directly and necessarily from declaratory decree - Courts..........
Punjab Package Deal Properties (Disposal) Act, Section 15,2(1) -- Commissioner includes Additional Commissioner - Plea that Additional Commissioner has no power/jurisdiction to decide revision petition and it is only State Government or Commissioner who can interfere under Section 15 - Not tenable - Very definition of Commissioner in Section 2(1) postulates that there can..........
Constitution of India, 1950, Article 142 -- Powers of Supreme Court very wide and can be exercised to meet the ends of justice - Any order passed in exercise of powers under Article 142 - Cannot be treated at a lower pedestal than that of an order passed by any Court of competent jurisdiction - Contention that order passed by Supreme Court while exercising powers under..........
Civil Procedure Code, 1908, Section 11 -- Proceedings arising before Court or Tribunal of limited jurisdiction and regular proceedings before Court - Principles of res judicata - Applicable - Principles of res judicata can be invoked not only in separate subsequent proceedings but also get attracted in subsequent stage of same proceedings - Principles of res judicata..........
Civil Procedure Code, 1908, Section 20 -- The place where the plaintiff resides or carries on business in itself will not give jurisdiction to the Court at that place...........
Civil Procedure Code, 1908, Section 20(c) -- Jurisdiction - Agreement for sale of flat at Bombay - Part payment made at Bombay - Contract cancelled - Son of plaintiff received money for plaintiff - Intimation of it given to defendant at Delhi - The letter merely communicated what had already happened, that is, the agreement had already been cancelled at Bombay - No part of..........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Suit for maintenance by wife - Court has jurisdiction and competence to pass appropriate interim and ad-interim orders granting maintenance...........
