Succession Act, 1925, Section 371, Civil Procedure Code, 1908, Section 11 -- Succession certificate - Territorial jurisdiction - Earlier similar application was dismissed on ground of territorial jurisdiction - Fresh application filed at the same place is not barred by res judicata as principle of res judicata is not attracted in the matter of jurisdiction so as to confer..........
Haryana Canal and Drainage Act, 1974, Section 17, 18, 19, 20, 21, 22, 23, 24, 25 -- Permanent injunction - Jurisdiction of Civil Court - Plaintiff approached Civil Court only for restraining defendant Nos.1 and 2 from closing or removing any pipe of outlet - He has not challenged any order passed u/s.18(2) of the Act - Held, S.25 of the Act is not attracted which..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 43, Rule 1A -- Compromise decree - Relief barred by limitation - Challenge to - Plaintiff is seeking a declaration by way of filing a separate suit that compromise decree passed is null and void - Held, declaration sought by plaintiff cannot be granted in an independent suit - Remedy open..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 36 -- Evacuee property - Enforcement of civil rights - Jurisdiction of civil Court - Plaintiffs/respondents are not questioning evacuee nature of suit property - Plaintiffs/respondents are seeking transfer of suit land to them under policy prepared by defendant No.1 State itself - State counsel for..........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Co-operative Societies Act, 1961, Section 55, 82 -- Application U.O.7.R.11 CPC - Dismissal of application - Jurisdiction civil Court - Plaintiff after giving up her claim for recovery of amount seeks only production of entire records of defendant pertaining to construction/payments received and payments made to members..........
Haryana Urban Estate Development Authority Act, 1977, Section 17, 50 - - Resumption of site - Violation of principles of natural justice - Jurisdiction of Civil Court - Requisite notices as mandated u/s 17 of the Act not served on plaintiffs - Resumption order passed without affording opportunity of hearing to show cause against proposed action - Held, impugned resumption..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Civil suit - Relationship of landlord and tenant - Denial of - Defendants/tenants have denied relationship of landlord and tenant in civil suit instituted by plaintiffs/landlords and not in ejectment petition - Held, defendants having themselves denied relationship of landlord and tenant between parties..........
Civil Procedure Code, 1908, Section 9,11,92 -- Bar on jurisdiction - Suit for modification of scheme already settled by Court for administration of private religious trust - Maintainable - Application can be filed if modification is for purpose of administration - Not barred u/s 11 CPC...........
Wakf Act, 1954, Section 6, 7 -- Wakf property - Jurisdiction of Tribunal - Wakf Board filed a suit in Tribunal for joint possession of land in 1972 - Act came into enforce in 1995 - Held, Tribunal could not have entertained and decided suit - It was only within the jurisdiction of civil Court - U/s.6 r/w S.7 of the Act, institution of suit in civil Court is barred only..........
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 4, 6, 365(2) - - Land acquisition under a local Act - Challenge to - Jurisdiction of Civil Court - Held, jurisdiction of civil Court to entertain suit challenging land acquisition under a local Act is barred...........
