Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Partition suit - Subsoil rights - Partition sought on the ground that demised property is joint family property of 1st respondent's father and appellant - Plaint schedule does not deal with subsoil rights of various items of landed property included therein - Held, it is well settled in law that subsoil rights do..........
Specific Relief Act, 1963, Section 38,20,41(h), Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Injunction suit - Not maintainable when remedy of filing suit for specific performance is available - Plaintiff cannot claim temporary injunction in pending suit for injunction simpliciter...........
Civil Procedure Code, 1908, Section 20, Order 14, Rule 2 -- Territorial jurisdiction - Issue as to - Application to treat issue of territorial jurisdiction as preliminary issue - A specific statement has been made by plaintiff in Para 11 of the plaint coupled with the fact that matter is almost at final stage and plaintiff has to prove jurisdiction as per averments made in..........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Suit for specific performance - Default in making payment of balance consideration - Consequences of - Held, once it is held that direction to make payment of balance consideration within stipulated period is incidental in nature and the fact that O.20.R.12-A of CPC nowhere provides the consequences of dismissal of suit for..........
Civil Procedure Code, 1908, Section 20 -- Works contract - Recovery suit - Territorial jurisdiction - Contract has been signed at Gandhinagar - Held, court at Ahmedabad had the jurisdiction to decide the suit...........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Default in repayment of loan - Forcible seizure of vehicle - Suit for mandatory injunction - Defendant having its branch office at Bangalore, vehicle registered at Bangalore and vehicle seized by defendant at Bangalore - Held, Court at Bangalore has jurisdiction in respect of cause of action - Merely..........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Court at a place where retiree resides has jurisdiction to entertain a suit with respect to non disbursement of Provident Fund...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Letters Patent (Cal), cl.12 - Civil suit - Forum - Relinquishment of jurisdiction - Presence of cause of action in United States - Institution of proceedings by first defendant in United States where plaintiff has participated - Both parties are foreign, with part of cause of action in a foreign country and a..........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Two Courts simultaneously having jurisdiction - Parties by agreement can exclude jurisdiction of one Court and suit lies in the Court agreed upon by the parties...........
Civil Procedure Code, 1908, Section 20 -- Cause of action - Comprises a bundle of facts which are relevant for determination of the lis between the parties...........
