Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - Principal civil Court of original jurisdiction is normally a District Court - But where there is a split jurisdiction based on its pecuniary value, notified from time to time, District Court or High Court in its ordinary original civil jurisdiction is competent to exercise power for execution of decree..........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - Once pecuniary jurisdiction of Court exceed Rs.20 lakhs as notified by High Court u/s 5(2) of Delhi High Court Act, jurisdiction vests exclusively with the High Court as an ordinary original civil jurisdiction for execution a foreign decree u/s 44-A CPC subject to just objections which are available to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-owners - Injunction - Law is not rigid that in no case injunction can be granted against co-owner - Injunction can be granted at the instance of one co-owner against another co-owner : (a) If one co-owner prevents the other from enjoying the common property, the affected co-owner can certainly approach the Court for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Transfer of property pending suit - Defendant no.1 during pendency of suit transferred suit property in favour of defendant nos 2 and 3 and those defendants in turn transferred part of suit property in favour of third persons - Defendants invoking jurisdiction of Court are therefore responsible for..........
Civil Procedure Code, 1908, Section 9, Succession Act, 1925, Section 273, 283, 295 -- Jurisdiction of civil Court - Civil proceedings and probate proceedings - Where there are two proceedings one for grant of probate and another substantive title suit and when probate Court has already adjudicated and decision has attained finality, Civil Court in such situation is not..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Court having no pecuniary jurisdiction - Application filed when case was posted for final arguments - As per mandatory provision of S.21 CPC objection with regard to pecuniary jurisdiction has to be taken at the first instance and at the earliest possible opportunity - No such objection was taken by..........
Clean hands -- Writ petition - Exercising of writ jurisdiction is extraordinary, equitable and discretionary - It is imperative that person approaching writ court must come with clean hands and put forward all facts before Court without concealing or suppressing anything - Non disclosing of filing of Civil Suit, its dismissal by Civil Court and confirmation of said..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for cancellation of sale deed - Agricultural land - Where a suit for cancellation of sale deed in respect of an agricultural property does not require any declaration of rights, same is cognizable by Civil Court but where cancellation would involve declaration of rights, then such a suit for..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiff being husband of deceased is heir of deceased - Nikahanama in proof of marriage between plaintiff and deceased was available on record - PW2, who is witness of said marriage stated that amount of Mehar is also settled - Therefore, in absence of any contrary evidence, First..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Surplus land - Jurisdiction of civil Courts to try suit relating to land which is subject matter of ceiling proceedings, stands excluded by implication - Civil Court cannot declare, orders passed by authorities under Urban Land Ceiling Act as illegal and non-est...........
