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...........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Self acquired property - Rule of blending - If there was no joint family property or coparcenery property in existence at the time of alleged throwing of the house in dispute by the plaintiff into the common..........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Suit for possession - Mesne profits - Court has discretion to award mesne profits to the successful plaintiff or to leave the plaintiff to have recourse to an independent suit for that relief - In case Court..........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Mother purchasing house in dispute in the name of her son as a benamidar - Defendant cannot derive any benefit as plea of benami transaction is now hit by S.4(1) of the Act...........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Appeal - Remand - Counter claim - One plea of partition of joint family taken - Plea categorically rejected by trial Court - Held, it is clear that counter claim stood rejected - Matter cannot be remanded back..........
Civil Procedure Code, 1908, Order 20, Rule 21 -- Mesne profits - Grant of - Plaintiffs/appellants did not make any averments regarding factum of entitlement of mesne profit to appellants - Further, relief clause in plaint also does not contain any prayer for mesne profits - Held, since plaint is bereft of any pleadings in respect of mesne profit, court is compelled to hold..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Agreement between parties - Ouster clause pertaining to jurisdiction - Adherence to - Held, ordinarily Court would respect arrangement/agreement entered between the parties and court is not obliged to entertain suit and would be guided by agreement entered between the parties for their..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Plaintiff did not plead or pray for inquiry of mesne profits - Trial Court directed enquiry in respect of mesne profits - Held, in the absence of any pleadings or prayer in suit, enquiry for mesne profits should not have been directed by Court - Order passed by trial Court quashed and set aside...........
