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 -..........
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 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..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of Civil Court - Suit for cancellation of sale deeds and permanent injunction - Plaintiff alleges that power of attorney which formed the basis for execution of sale deed is a fraudulent document and forged and fabricated - Said transaction would only be voidable and cannot be..........
Civil Procedure Code, 1908, Section 19 -- Territorial Jurisdiction - Suit for damages - Plaintiff has option to sue a wrong doer at place within whose local limits the wrong was done or in Court within whose jurisdiction the defendant resides or carries on business or personally works for gain...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Eviction suit - Suit property is a picture hall/building - Tenant was taken said building on lease along with certain dilapidated machineries and fixtures which he got repaired and updated for starting cinema afresh - It cannot be said that primary object was to lease out business alone - Suit held,..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Suit for declaration, possession and mandatory injunction - Direction for removal of construction by Executing Court - Validity - Executing Court while executing a decree for possession is entitled to pass such incidental, ancillary or necessary orders for effective enforcement of decree..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for damages - Case of intentional assault - In case of accident civil court has no jurisdiction - However if it is a case of intentional assault and not an accident then civil court has jurisdiction to try the suit - Owing to the prevailing confusion, nothing in concrete terms can be said as of..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Recovery suit - Petitioner cannot be permitted to re-argue same points which are already dealt, answered and rejected by detailed judgment - All pleas were raised before High Court and after considering those pleas, judgment in appeal was rendered by High Court - Petitioner not entitled to challenge judgment in guise..........
