Punjab Courts Act, 1918, Section 39, Civil Procedure Code, 1908, Section 106 -- Appeal - In the State of Punjab District Court cannot entertain and try an appeal where valuation of suit property is more than five lacs - Order passed by District Court in an appeal in which valuation of suit property is more than Rs.Five lacs set aside and direction issued to lower Appellate..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Suit or any part if can be disposed of an issue of law only then it can be treated as preliminary issue and if that issue relates to (a) the jurisdiction of the Court, or (b) a bar to the suit created by any law for the time being in force - Mixed issue of law and fact cannot be tried as a preliminary..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26, Civil Procedure Code, 1908, Section 9 -- Civil Court jurisdiction - Bar of - Suit for declaration as to ownership and that allotment and declaration of surplus area is ineffective, inoperative and against the principles of natural justice - By virtue of S.26 of the Act jurisdiction of civil Court is barred so far as..........
Civil Procedure Code, 1908, Section 9 -- Ouster of jurisdiction of Civil Courts - Special tribunal under Statute having powers to grant relief which Civil Courts would normally grant in a suit - Statute giving finality to orders of Special Tribunal - Jurisdiction of Civil Court must be held to be excluded...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Effect of amendment was to ouster jurisdiction of Court - Proper course is to allow amendment and then return amended plaint for presentation before proper Court...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Moves - Contract for release and exhibition of movie - Plaintiff, a proprietor of theatre, seeking recovery of dues from defendant a distributor - Theatre situated at place `K' - part of cause of action arose at place `K' - No cause of action took place at place `C' - Court at place `K' has jurisdiction even though..........
Civil Procedure Code, 1908, Section 16 -- Jurisdiction - Suit for specific performance of immovable property - Can be filed only at the place where property situates - Court at place where agreement was executed has no jurisdiction - Proviso to S.16 CPC has no applicability to cases relating to specific performance of contract of immovable property...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - First Appellate Court when assuming jurisdiction not vesting in it the same can be adjudicated in second appeal, treating it as a substantial question of law - However, where first appellate court is shown to have exercised its discretion in a judicial manner, it cannot be termed to be an error either of law or of..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Passed by a Court having no jurisdiction - Such a decree is a nullity - Validity of such decree or order can be challenged at any stage, even in execution or collateral proceedings...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - First Appellate Court when assumes jurisdiction which did not vest in it, the same can be adjudicated in second appeal, treating it as a substantial question of law - However, where first appellate court is shown to have exercised its discretion in a judicial manner, it cannot be termed to be an error either of law..........
