Punjab Pre-emption Act, 1913 -- Decree of possession by way of pre-emption - DH made short deposit due to mistake on part of Court - DH moved application alleging that he be allowed to deposit short amount and delay in depositing the amount be condoned - Held, Executing Court cannot extend time for deposit of money u/s 148 of Civil Procedure Code - However, in exercise of..........
Delhi Rent Control Act, 1958, Section 3, 6A, 8, 8(1), 50, Civil Procedure Code, 1908, Order 12, Rule 6, Delhi Rent Control (Amendment) Act, 1988 -- Termination of tenancy - Suit for recovery of possession of tenanted premises - Appellant seeking protection u/s.50 of Delhi Rent Control Act from bar of jurisdiction of Civil Court - Execution of Lease deed in favour of..........
Civil Procedure Code, 1908, Order 47, Rule 9 -- Second review - Order earlier reviewed and become final - Second review is without jurisdiction...........
Civil Procedure Code, 1908, Order 20, Rule 12, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Appeal against - Payment of mesne profits - Appellate Authority has jurisdiction to fix mesne profits payable - Order of payment of mesne profits has to be based on some material - Appellate Authority has to arrive at a prima facie finding as to what..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Order passed without jurisdiction - Order is a nullity - It is non est in the eye of law - Principles of res judicata do not apply to such cases...........
Civil Procedure Code, 1908, Section 9A -- Jurisdiction - Issue of jurisdiction raised u/s 9-A CPC should be decided at first and not to be adjourned to a later date - If Court comes to finding that it does not have jurisdiction vested in it in law, then no further enquiry is needed and saves a lot of valuable judicial time...........
Limitation Act, 1963, Section 3, Civil Procedure Code, 1908, Section 9A -- Jurisdiction - Suit barred by limitation - Court has no jurisdiction to entertain it - Court is duty bound to dismiss the same, and the parties cannot confer jurisdiction by consent...........
Civil Procedure Code, 1908, Section 115 -- Revision - Even if a wrong order is passed by a Court having jurisdiction to pass an order in such cases, the revisional Court will not interfere with such an order unless a jurisdictional error is pointed out and established by the person who questions such order...........
Civil Procedure Code, 1908, Section 9, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34 -- Jurisdiction of Civil Court - Bar of - Suit claim as to entitlement of certain debentures on ground that order for attachment of same was obtained fraudulently - Plea that such relief already sought from Debt Recovery..........
Civil Procedure Code, 1908, Section 22, 23, 24, 25 -- Transfer of case - Law as to - Where several Courts having jurisdiction are subordinate to one appellate Court, an application for transfer may be made to such appellate Court and where such Courts are subordinate to the same High Court then application can be made to the High Court and in case two Courts are..........
