Civil Procedure Code, 1908, Section 115(1) -- Revision - If subordinate Court has jurisdiction to adjudicate lis brought before it, it may decide it rightly or wrongly, whether it is a question of law or fact - This itself would not make such a case fall u/s 115 CPC...........
Civil Procedure Code, 1908, Section 115(1) -- Revision - Material irregularity in exercise of jurisdiction does not cover either errors of fact or law...........
Civil Procedure Code, 1908, Section 9 -- Exclusive jurisdiction of civil Court - Issue of adoption and inheritance rights - Can be decided exclusively by Civil Court and indeed outside the jurisdictional sweep of revenue authorities...........
Civil Procedure Code, 1908, Section 16 -- Jurisdiction of Court - Suit for recovery of immovable property or for determination of other right to, or interest in the immovable property shall be instituted in the Court within the local limits of whose jurisdiction the property is situate...........
Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 5, -- When in respect of one of the causes of action, Court has no territorial jurisdiction to try the suit, O.1.R.3, O.1.R.5, O.2.R.3 CPC cannot be invoked...........
Civil Procedure Code, 1908, Order 26, Rule 1, 4A -- Local Commissioner to record evidence - Court cannot appoint an Advocate Commissioner without assigning any reasons - Impugned order of appointing advocate commissioner for examination of plaintiff does not show any reason which prompted lower Court to appoint an advocate Commissioner - More so, as per cause title,..........
Civil Procedure Code, 1908, Section 11 -- Constructive res judicata - Earlier suit filed on the basis of award and its consequential enforcement was dismissed for defect in the jurisdiction of Court - Rights of plaintiff in subsequent suit for partition and recovery of properties filed on the basis of title and share in ancestral and common properties of firm did not get..........
Criminal Procedure Code, 1973, Section 125, 126 -- Maintenance - Issue as to territorial jurisdiction of Court - Applicant never raised said issue before Family Court and even submitted to its jurisdiction till completion of trial and delivery of judgment - It would therefore be wholly improper to allow applicant to raise issue of territorial jurisdiction for the first..........
Civil Procedure Code, 1908, Section 37 -- Execution - Court which passed the decree has the jurisdiction to execute it...........
Family Courts Act, 1984, Section 7, Civil Procedure Code, 1908, Section 37 -- Jurisdiction of Family Court - Execution proceedings - Family Court has no jurisdiction to execute decree as expression `suit' or `proceeding' used in S.7 of Family Courts Act does not include execution proceeding - Bar contained in S.8 of Family Court Act therefore, not applicable - Execution..........
