East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Revisional jurisdiction - Court in exercise of revisional jurisdiction under the Act, cannot interfere with findings of fact upon re-appreciation of evidence...........
Constitution of India, 1950, Article 226 -- Jurisdiction of Writ Court - High Court has jurisdiction to try issues both of fact and law in a petition u/art 226 of Constitution...........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint - Lack of jurisdiction - When plaint is returned for presentation before Court of competent jurisdiction, plaint is considered as a fresh plaint and trial is to be conducted de novo even if it stood concluded before Court having no competence to try the same...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Two Courts having jurisdiction - Parties by consent can confer exclusive jurisdiction on one of the two Courts...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - First suit filed for declaration before civil Court and subsequent suit for eviction filed under provisions of Maharashtra Rent Control Act - Jurisdiction of Courts dealing with both the suits is completely distinct and different - Reliefs prayed for in subsequent suit also stands on a different footing..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Compliant filed at a place other than that where cheque was presented for collection and dishonoured - On this ground complaint cannot be sustained, hence, quashed...........
Adverse possession -- Plea of adverse possession is not a pure question of law but a blended one of fact and law - Unless petitioner proves that concurrent findings recorded by authorities below are perverse or based on no evidence such findings cannot be set aside by Court in exercise of its extraordinary writ jurisdiction u/art 227 of Constitution...........
Civil Procedure Code, 1908, Section 115 -- Revision - Revisional jurisdiction u/s 115 CPC is not to correct mistake of fact and to substitute its own findings by Revisional Court...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court has no jurisdiction to examine validity or to review or hear appeal in respect of orders passed by Assistant Collector as well as by Revenue Council - Objections rightly rejected...........
Consumer Protection Act, 1986, Section 2(1)(o) -- Medical negligence - Jurisdiction of consumer forum - It is only where a hospital provides medical services free of charge across the board to all patients that it would stand outside the purview of the Act - However, hospital which renders free services to a certain category of patients, while providing for services which..........
