Civil Procedure Code, 1908, Section 9, Order 1, Rule 8 -- Jurisdiction - Civil Court to decide all civil suits unless barred - Suit for declaration that decree obtained is null and void and not binding as being obtained by fraud, collusion, illegal and without jurisdiction - Suit in representative capacity - No proclamation in village as required by O.1.R.8 CPC - Held,..........
Civil Procedure Code, 1908, Order 7, Rule 1 -- Jurisdiction - Pleading - A paragraph in plaint pertaining to jurisdiction is for convenience of pleading but not the only source in the plaint for the purpose of establishing jurisdiction...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Bill of exchange - Allegedly drawn on plaintiff at its Mumbai address - Defendant alleged that bill of exchange was accepted at Mumbai - Bill of exchange sought to be negotiated by defendant through its bank at the Mumbai office of the plaintiffs bank - Held, cause of action arose at Mumbai where the bill of exchange..........
Civil Procedure Code, 1908, Section 20(c) -- Jurisdiction - Suit lies in a Court within the local limits of whose jurisdiction the cause of action has arisen, wholly or partly...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Agreement executed at place `H' and part of cause of action accrued within the jurisdiction of Court at place `D' - Suit can be instituted at either of the two places - Mere execution of agreement at place `H' does not take away the jurisdiction of Court at place `D' where a part of cause of action has arisen...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Agreement executed in Hong Kong with a clause 'Terms and conditions of the agreement shall be interpreted in accordance with the laws of Hong Kong Special Administrative Region' - Held, this clause has nothing to do with jurisdiction of Court - Suit filed in a Court in India where part of cause of action accrued -..........
Civil Procedure Code, 1908, Section 20, Indian Contract Act, 1872, Section 7 -- Territorial jurisdiction - Suit arising out of contract - Making of contract at place of suing is a part of cause of action - Suit can be filed at a place where contract was made or concluded - Acceptance of offer upon making of demand by defendant even though deceitful would be complete as..........
Civil Procedure Code, 1908, Order 7, Rule 10, 10-A, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Has to be treated like a plaint - If it exceeds the pecuniary jurisdiction of the Court the same shall be returned for being presented to the competent Court with an endorsement regarding date of its presentation and return, brief statement of the reasons..........
Civil Procedure Code, 1908, Section 152, 151 -- Decree - Correction - Court cannot exercise jurisdiction u/ss 152, 151 CPC so as to review its judgment - Court cannot also exercise its jurisdiction when no mistake or slip occurred in the decree or order...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - To raise the plea of jurisdiction - It is a question of law - There is no need for amendment of the written statement to raise the plea of jurisdiction...........
