Agreement to sell -- Specific performance - Relief of - Discretion of Court - Jurisdiction of decreeing specific performance is a discretion of Court and it depends upon facts and circumstances of each case - Court would take into consideration circumstances of each case, conduct of the parties, recitals in the sale agreement and circumstances outside the contract have to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can be rejected, if allegations made in the plaint, taken to be correct as a whole, on its face value, show that suit is barred by any law - For deciding this question, only the averments made in plaint are relevant - As question of jurisdiction to entertain and try civil suit goes to very root of..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of jurisdiction - Jurisdiction of civil Court barred by provision of S.3(4) of Haryana Public Moneys (Recovery of Dues) Act, 1979 - Plaint rightly rejected...........
Arbitration and Conciliation Act, 1996, Section 34, 42, Civil Procedure Code, 1908, Section 20 -- Arbitration award - Setting aside - Arbitration award of a Court within jurisdiction of one High Court cannot be challenged in a Court within jurisdiction of another High Court - Exercise of jurisdiction by such Court shall be against provision of S.42 of 1996 Act...........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitration - Jurisdiction of Civil Court - Once an application in due compliance of S.8 of Act is filed, approach of Civil Court should be to see whether its jurisdiction is ousted and not that whether there is still jurisdiction in Civil Court, as such approach will delay the resolution of disputes - It is..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitrator - Once an application in due compliance of S.8 of the Act is filed, approach of civil Court should be not to see whether the Court has jurisdiction - It should be to see whether its jurisdiction has been ousted...........
Kerala Land Reforms Act, 1963, Section 103, 74, 75 -- Revisional jurisdiction of High Court - Maintainability - Appellate Court set aside order of Tribunal granting cultivating rights to respondent - Challenge - As per evidence on record respondent`s predecessor has been cultivating tenant in respect of land in question - Failure of appellants in proving genuineness of..........
Indian Merchant Shipping Act, 1958, Section 3(15) -- Admiralty jurisdiction of Court - Arrest of vessel by jurisdictional court - Appellant`s application for attachment order in other Court - Maintainability - In instant case subject vessel berthed at `M' Harbour, therefore, High Court of `M' alone had jurisdiction to entertain any claim - Since order of arrest of vessel..........
Evidence Act, 1872, Section 165 -- Voice sample - To compare it with voice recorded in the audio CD - Trial Judge is well within its jurisdiction to call upon accused to give his voice sample in Court in order to determine his involvement in the crime and also to arrive at a just decision of case - Once so ordered, Court cannot drop the idea simple because of lack of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Issue of jurisdiction raised at the stage when matter crossed stage of S.145(2) of N.I.Act - Evidence was already over and even the judgments was pronounced by Trial Court - Matter reached at the appellate stage - No prejudice is caused to accused on account of case tried and..........
