Limitation Act, 1963, Section 14 -- Exclusion of period of pendency of first execution petition - Both the execution petitions were filed in very same Court - DH concedes that Court in which execution petitions were filed had jurisdiction to entertain petition, but that under an erroneous order it returned earlier one - Therefore, one of essential requirements of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Waqf property - Enhancement of rentals by authorities challenged - Matter which is sought to be adjudicated is cognizable by Tribunal constituted u/s 83 of Wakf Act - Civil Court jurisdiction is barred - However, Tribunal not constituted under Wakf Act - Bar of civil Court jurisdiction does not come into..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 27 -- Bar of jurisdiction of Civil Court - Jurisdiction of Civil Court is barred only in respect of such matters to which provision of the Act applies...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 27 -- Bar of jurisdiction of Civil Court - Plaintiff/senior citizen is owner of house in question and he is not seeking any maintenance or protection from defendants, who are his son, grandson and daughter-in-law - He is simply seeking mandatory injunction to direct defendants to vacate portion of..........
Indian Contract Act, 1872, Section 28 -- Contract - Jurisdiction clause - S.28 of the Act does not bar exclusive jurisdiction clauses - What has been barred is absolute restriction of any party from approaching a legal forum - Right to legal adjudication cannot be taken away from any party through contract but can be relegated to a set of Courts for ease of parties...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Jurisdiction - Contract of employment - Decision to employ taken in Mumbai, appointment letter issued from Mumbai, employment agreement dispatched from Mumbai, decision to terminate the service taken in Mumbai and letters of termination dispatched from Mumbai - Even, clause in the contract has..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration and permanent injunction - Agricultural land - Claimant seeking a declaration of khatedari right is barred from filing a civil suit prior to their khatedari right being declared by a revenue Court when relief sought from civil Court includes determination of khatedari right...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of accused - High Court in exercise of its revisional jurisdiction set aside the order of the Trial Court rejecting the second application under Section 319 of the CrPC and directed the Trial Court to reconsider the application under Section 319 - Court was conscious that the trial had concluded, yet to do substantial..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Civil suit challenging partition proceedings on the ground that same are in violation of principle of natural justice, is not barred by jurisdiction - Moreover, question a to whether there was a violation of principles of natural justice is a disputed question of fact which would be finally adjudicated..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that suit is barred by S.206 of U.P Revenue Code - Jurisdiction of civil Court to entertain a suit for injunction is neither expressly barred nor by implication in any of clauses of S.206 of U.P. Revenue Code - Application U.O.7.R.11 CPC rightly dismissed...........
