Civil Procedure Code, 1908, Section 20, Order 14, Rule 1 -- Territorial jurisdiction - Issue as to territorial jurisdiction should be taken up as a preliminary issue...........
Civil Procedure Code, 1908, Section 16, 20, Constitution of India, 1950, Article 226, 227 -- Writ petition about property filed in Allahabad High court though property was located within territorial jurisdiction of Lucknow Bench of Allahabad High Court - Single Judge of Allahabad High Court entertained writ against a private body - Two interim ex-parte orders passed..........
Specific Relief Act, 1963, Section 31(2), Civil Procedure Code, 1908, Section 16, 17, 20 -- S.31(2) of Specific Relief Act does not determine the territorial jurisdiction of Court - It is not a provision conferring statutory power on any Court...........
Civil Procedure Code, 1908, Order 7, Rule 11, 13 -- Territorial jurisdiction - Lack of - Not a ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11, 13 -- Territorial jurisdiction - Lack of - Return of plaint - Remedy against - Held, the only remedy is to challenge this order passed in an appeal O.43.R.1(a) of the Code...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Transfer of Property Act, 1882, Section 100, Civil Procedure Code, 1908, Section 16 -- Maintenance - Charge - Creation of charge when none of the plaint schedule properties are within the limits of the Court - Court has no jurisdiction to grant such charge over properties situated outside its territorial jurisdiction...........
Civil Procedure Code, 1908, Section 19 -- Jurisdiction - If cause of action arises to the plaintiff within the territorial jurisdiction of two courts, plaintiff has an option to file suit in either of the court...........
Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Issue - To be decided before the trial starts - It is not proper to return the plaint after finding during trial that Court has no jurisdiction...........
Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Objection as to - Can be waived either expressly or impliedly - An implied waiver can be gathered by the conduct of the party who is said to have waived the right...........
Civil Procedure Code, 1908, Section 16, 17, 18, 19, 20, 20(a), 20(b), Copyright Act, 1957, Section 62(2), Trade Marks Act, 1999, Section 134(2) -- Territorial jurisdiction - Residence of defendant - Important factor for considering jurisdiction...........
