Civil Procedure Code, 1908, Section 16(d) -- Jurisdiction - Can be classified into several categories - Important categories are : (i) territorial or local jurisdiction; (ii) pecuniary jurisdiction; and (iii) jurisdiction over the subject-matter - So far as territorial and pecuniary jurisdiction are concerned, objection to such jurisdiction has to be taken at the earliest..........
Limitation Act, 1963, Section 3 -- Limitation - Suit barred by limitation - Court cannot grant any relief even if objection as to limitation is not raised - When suit is barred by limitation, Court has no jurisdiction to pass a decree...........
Limitation Act, 1963, Section 3 -- Court has no jurisdiction to entertain a suit or application if the same is filed after expiry of the period of limitation...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 5, 18(6) -- Revision - Limitation - Powers and jurisdiction of Financial Commissioner - Illegal order passed by subordinate authority - Suo motu at `any time' intervene and pass order in relation thereto - U/s 18(6) there is no limitation in cases where the delay is explainable and the order passed is illegal...........
Civil Procedure Code, 1908, Order 41, Rule 3-A, Limitation Act, 1963, Section 5 -- Delay in filing of appeal - Condonation of delay - Procedure - Mandatory for Appellate Court to decide the application for condonation of delay before it proceeds to decide the appeal on merits - Without deciding the application for condonation of delay, the Appellate Court has no..........
Civil Procedure Code, 1908, Order 41, Rule 3-A, Limitation Act, 1963, Section 5 -- Appeal barred by time - Application for condonation of delay - Appellate Court allowed appeal without deciding the application for condonation of delay - Judgment of Appellate Court is wholly without jurisdiction - Incumbent upon the Court to decide application under section 5 before..........
Specific Relief Act, 1963, Section 6, Limitation Act, 1963, Article 64, Punjab Tenancy Act, 1887, Section 50, 77 -- Wrongful dispossession - Recovery of Possession - Jurisdiction of Civil Courts - Tenant in possession of agricultural land - Forcibly dispossessed by a third person in collusion with landlord - Civil suit claiming possession from third person - Sec. 50 of..........
Limitation Act, 1963, Section 14(1) -- Necessary ingredients for claiming the benefit of the provision are : (1) The plaintiff who filed the suit had been prosecuting another civil proceeding with due diligence; (2) The earlier proceeding resorted to by the plaintiff was based on the same cause of action; (3) The former proceeding was prosecuted by the plaintiff in good..........
Limitation Act, 1963, Section 14(1) -- Institution of a suit in a Court having no jurisdiction on the advice given by counsel - Period spent to be excluded u/s 14(1) of the Act...........
Arbitration and Conciliation Act, 1996, Section 11(6), 16 -- Arbitrator - Appointment - For appointment of an Arbitrator Court has to give a finding in respect of existence of arbitration clause, territorial jurisdiction, live issue and limitation - Unless a finding is given on these issues, there would be no question of proceeding with the arbitration - Chief Justice only..........
