Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - Suit for redemption of mortgage and recovery of possession - JD contended that compromise decree cannot be executed being unregistered and passed by Court lacking pecuniary jurisdiction - However, no such allegations are forthcoming nor discernible from the order -..........
Rajasthan Rent Control Act, 2001, Section 18 -- Eviction petition - Jurisdiction - Plea of tenants regarding no jurisdiction of Rent Tribunal to here and decide dispute between parties is also not acceptable in view of S.18 of the Act which provides that dispute between landlord and tenant can only be decided by Rent Tribunal...........
Civil Procedure Code, 1908, Section 9, Dissolution of Muslim Marriages Act, 1939, Section 2 -- Jurisdiction of civil Court - Grant of relief of maintenance and relief in respect to matrimonial property - Suit for dissolution of marriage - Civil Court has jurisdiction to grant relief of maintenance and relief in respect to matrimonial property, as those reliefs are..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Objection as to jurisdiction of trial Court - Objection not raised either before trial Court or even in First Appellate Court - Said objection cannot be raised for the first time in second appeal - Objection rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Re-appreciation of evidence - U/s 100 CPC, jurisdiction of High Court to interfere with judgment of Courts is confined to substantial question of law - In the absence of substantial question of law, findings of fact are not amenable in second appeal...........
Mutation -- Orders for mutation are passed on basis of possession of parties - Since no substantive rights of parties are decided in mutation proceedings, ordinarily a writ petition is not maintainable in respect of orders passed in mutation proceedings, unless found to be totally without jurisdiction or contrary to title already decided by competent Court - Parties are..........
Constitution of India, 1950, Article 136 -- Appeal - Merely because two Courts have taken particular view on material issues, that by itself does not operate as fetter on Supreme Court to exercise jurisdiction u/art 136 of Constitution...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Where main relief is cognizable by Civil Court, suit would be cognizable by Civil Court only and ancillary reliefs, which could be granted by Revenue Court may also be granted by Civil Court...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural land - Suit for permanent injunction, possession and damages - Civil Court have the power to entertain suit where main relief sought is that of injunction and demolition, a relief which could be granted by civil Court only - Relief of possession will be merely ancillary relief which civil..........
Protection of Women From Domestic Violence Act, 2005, Section 26 -- Reliefs u/ss 18 to 22 of PWDV Act can be granted by other civil Courts and it should be reported to jurisdictional Magistrate, which clearly clarifies that both jurisdiction conferred thereon on other Courts are not concurrent...........
