Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Bar of jurisdiction of civil Court - Suit for permanent injunction of agricultural land not maintainable before Civil Court - Trial Court directed to return the suit U.O.7.R.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit for permanent injunction with regard to agricultural land lies before Revenue Court - Civil Court has no jurisdiction to try the suit - Trial Court directed to return the plaint to plaintiff for presentation before proper jurisdictional Court...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint and return of plaint - A plaint cannot be both rejected and returned at the same time - These two actions have distinct purposes under law...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Once a plaint is returned to plaintiff, same should not be entertained on basis of same averments made earlier in same plaint...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Jurisdiction - Contract of employment - Decision to employ taken in Mumbai, appointment letter issued from Mumbai, employment agreement dispatched from Mumbai, decision to terminate the service taken in Mumbai and letters of termination dispatched from Mumbai - Even, clause in the contract has..........
Jurisdiction of Court -- Civil and criminal Court - Distinction : (i) The stage at which an objection as to jurisdiction, territorial or pecuniary, can be raised, is regulated in civil proceedings by S.21 CPC - Whereas, there is no provision in Cr.P.C akin to S.21 CPC; (ii) In civil proceedings, a plaint can be returned U.O.7.R.10 CPC, to be presented to the proper Court,..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Suit filed in Commercial Court not maintainable - Order dismissing application filed U.O.7.R.10 CPC set aside - Matter remitted back to re-allot the case to any other regular court, in accordance with law...........
Civil Procedure Code, 1908, Order 7, Rule 10, 11(d) -- Return/rejection of plaint - Jurisdiction of Tribunal - Suit for permanent injunction claiming easementary right - S.83 of Wakf Act, 1995 permits entertainment of suit by Tribunal - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Plaint disclosing cause of action but same was cognizable by Revenue Court - Only course open to Civil Court is to return plaint and not to reject the same...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Jurisdiction - Return of plaint - At any stage of suit, plaint can be returned to be presented to the Court in which suit should have been instituted...........
