Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Cause of action arose at the place which is beyond the territorial jurisdiction of Court below - Plaint returned to plaintiff for presentation before Court having territorial jurisdiction...........
Civil Procedure Code, 1908, Section 114 -- Review - Application for review filed after 56 years cannot be allowed, as one can find no error apparent after 50 years for Court to exercise jurisdiction of review - Review application rightly dismissed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for injunction - Executing Court directing parties not to change nature of suit property or to excavate any soil or clay from it - Said direction is completely contrary to decree of injunction put under execution - Executing Court is not meant for nullifying decree rather to oversee that decree is carried out,..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendant from putting decree for possession in execution till disposal of main suit - Plaint filed by plaintiff does not reveal as to on what basis plaintiff is seeking a better title to suit property - Plaintiff himself stated that suit property is still joint between parties..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Mere rejection of Special Leave Petition against same judgment without assigning any reason would not take away jurisdiction of Court to review its own judgment if grounds for exercise of review jurisdiction exist...........
Civil Procedure Code, 1908, Section 25 -- Transfer of suit - Question as to whether Court in which suit is instituted has territorial jurisdiction to try and determine the suit cannot be gone into in a petition for transfer of suit u/s 25 of the Code - This point is required to be urged before the Court in which suit is pending...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Matrimonial dispute - Wife sought transfer of case as she does not have any independent source of income - She is dependent on her parents who are poor and she cannot bear travel expenditure to attend Court at Siddipet which is about 100 kms away from her present residence at Hyderabad and she is not getting any..........
Rajasthan Rent Control Act, 2001, Section 9, Rajasthan High Court Rules, 1952, Rule 134, Constitution of India, 1950, Article 226, 227 -- Eviction - Rent Tribunal and appellate Rent Tribunal constituted under the Act while adjudicating disputes between landlord and tenant, exercising judicial power of State, discharge judicial functions, which are akin to judicial..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Petition by husband - Application seeking maintenance for children and for recovery of money due towards past maintenance filed by wife sought to be transferred by husband - Forum chosen by wife in said application, cannot be changed for mere asking - Other than convenience of parties, no ground has been raised..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11, 10 -- Rejection of plaint - Jurisdiction - Bank employee - Termination of service - Suit for damages, declaration, recovery of salary and arrears and that services were terminated illegally and arbitrarily without compliance of terms and conditions of employment - Suit filed at the place where plaintiff was working..........
