Civil Procedure Code, 1908, Section 100A -- Intra Court appeal - Against order of single Judge passed u/s 299 of Succession Act is not maintainable...........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition for custody of child filed under Guardians and Wards Act - Convenience of wife equally applies in respect of matters under Guardians and Wards Act as well...........
Civil Procedure Code, 1908, Section 24 -- Custody of child - Transfer of petition - Distance from the place of residence of mother to Family Court `K' where petition is pending is larger than to Family Court `M' - Convenience of wife/mother equally applies in respect of matters under Guardians and Wards Act as well - Petition transferred from Family Court `K' to Family..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 409, 504, 506 -- Quashing of proceedings - Cheating - Mere fact that allegations also make out existence of civil dispute would not be a ground to quash criminal proceedings when allegations clearly make out commission of cognizable offences by accused - Correctness of allegations will be..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to amended plaint - Condonation of delay - Written statement to amended plaint raising certain formal issue is sought to be filed - Entire case will not be reopened for fresh trial - Once the defendant already filed written statement to unamended plaint in which certain formal issues were raised later on,..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Enquiry as to whether civil court is entitled to entertain and try a suit has to be made by keeping in mind provision of S.9 CPC and relevant enactment which bars a suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief - Jurisdiction of Court - If at this stage Court is of the opinion that suit is barred by law or is otherwise not maintainable, it cannot dismiss it without framing a preliminary issue after written statement is filed but interim relief can be refused - However, in case of extraordinary situation Court may..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - S.47, CPC, being one of the most important provisions relating to execution of decrees, mandates that an executing court shall determine all questions arising between the parties to the suit or their representatives in relation to the execution, discharge, or satisfaction of the decree and that such..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court can dismiss an execution application if decree put to execution is unmistakably found to suffer from an inherent lack of jurisdiction of Court that made the same rendering it a nullity in the eye of law...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Deciding a case without first adjudicating on its competence to decide such controversy, amounts to decision rendered on an illegal and erroneous assumption of jurisdiction and can be assailed as lacking of inherent jurisdiction and treated as a nullity in the eye of law - Decree drawn up based thereon is..........
