Civil Procedure Code, 1908, Section 19, 20, Order 7, Rule 10 -- Defamation - Territorial jurisdiction - Suit for compensation and damages - Defamation caused on account of publication of article in daily newspaper published and circulated in Bihar only - Cause of action does not arise at Delhi merely for the reason that interview took place at Delhi - Mere plea of..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Court in its order U.O.10 CPC held that plaintiff had failed to disclose any cause of action in Delhi and that it has no territorial jurisdiction - This finding attained finality - Plaint ordered to be returned to the plaintiff...........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Exclusion of counter claim - Requirements of exclusion of counter claim are: (i) It should be within pecuniary and territorial jurisdiction of Court wherein suit is instituted; (ii) it must have some nexus with claim raised in the suit/relief sought in the suit; (iii) it must be a relevant one in adjudicating the issue..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Lease agreement and corporate guarantee - Defendant no.1 agreed by corporate guarantee to be subject to jurisdiction of Courts not only in Saudi Arabia but also abroad, thus, cannot be allowed to urge that suit instituted is against the spirit of contract - Moreover,..........
Civil Procedure Code, 1908, Section 16(d) -- Jurisdiction - Suit for specific performance and perpetual injunction - Relief of specific performance simpliciter though lie within the jurisdiction of Court below, but relief as a whole not being within its territorial jurisdiction - Suit, thus, cannot proceed as application of S.16(d) CPC is inescapable and relief of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - In its finding Court confusing territorial jurisdiction with cause of action - Territorial jurisdiction being questioned ought to have been looked into in the light of objection raised in the application U.O.7.R.11 CPC - Impugned order set aside - Matter remitted for decision..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Territorial jurisdiction - Objection to territorial jurisdiction has to be construed after taking all averments in plaint to be correct - It is only the plaint and documents filed along with it, that need to be seen - Written statement is not to be looked into at all...........
Civil Procedure Code, 1908, Section 19, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit for damages - Plaintiff suffered injury at the time of his birth at Nahan, however, he actually suffered loss at Shimla as well - Initial wrong thus, done at Nahan but its resulting effects and damages/tortuous act of defendants also furnish cause of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - Question regarding territorial jurisdiction is always a disputed question of fact which can only be decided on appreciation of evidence of parties - Plaint cannot be rejected at threshold...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - Issue regarding jurisdiction of Court already framed by Trial Court - Prima facie from the contents of plaint, it cannot be determined that civil Court has no jurisdiction to entertain the suit - Moreover, question regarding territorial jurisdiction is always disputed question..........
