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..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court cannot short circuit proceedings and non suit plaintiff based on material other than plaint averments while exercising jurisdiction U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 24, Succession Act, 1925, Section 264, 278 -- Transfer of case - Probate proceedings - Question of legality of Will or right of deceased over property in respect of which Letter of Administration is claimed cannot be adjudicated by Probate Court - Such issues can be gone into by a Court having original civil jurisdiction - Probate..........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - Issue of Court fee - Cannot be decided as preliminary issue in the absence of finding that valuation of suit has been done in such manner that valuation of suit would take it out of pecuniary jurisdiction of Court...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Orders passed by authorities under Haryana Ceiling on Land Holdings Act, declaring land to be surplus is without issuing notice to plaintiffs, who became owner in 1974 - Said order was wholly perverse and against principal of natural justice - In such circumstances, jurisdiction of civil Court is not..........
Civil Procedure Code, 1908, Section 9, Family Courts Act, 1984, Section 7 -- Jurisdiction of civil Court - Suit for declaration - Widow of deceased claiming certain rights on share of deceased in business - It is neither a family dispute, nor it is arising out of marital relationship nor parties to dispute connected through marriage - Defendants are totally third parties..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Affidavit of Managing partners of plaintiff firm revealed that suit property is only asset of defendant company and company is taking hasty steps to encumber said property - Affidavit does not disclose nature of enquiry made by him or source of his information - In absence of precise averments in..........
