Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit dismissed while allowing application U.O.7.R.11 CPC only on the ground that relief of declaring petitioner as an adopted son cannot be granted by revenue Court, as revenue Court has no jurisdiction to decide the issue of adoption - However, petitioner is ready to delete this relief prayer,..........
Constitution of India, 1950, Article 226 -- Writ petition - Money claim - Not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction - Non-payment of admitted dues may be considered an arbitrary action on the part of respondents and for claiming the same, a writ petition may lie...........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Arbitral award - While exercising jurisdiction u/ss 34, 37 of the Act, Courts cannot modify an arbitral award...........
Arbitration and Conciliation Act, 1996, Section 16(2) -- Jurisdiction of Arbitral Tribunal - Plea of lack of jurisdiction of arbitral Tribunal cannot be raised after submission of statement of defence...........
Criminal Procedure Code, 1973, Section 320, 482 -- Compounding of offence - Offences under I.T Act - Inherent jurisdiction of Court u/s 482 Cr.P.C is forbidden as per Circular dated 17.10.2024 where the compounding of offence is permissible u/ss 276-B, 276-BB of I.T Act - Petitioner may resort to procedural remedy u/s 320 Cr.P.C and seek for compounding of offences...........
Guardians and Wards Act, 1890, Section 9, 25 -- Custody of child - Territorial jurisdiction of Court - Jurisdiction of Court to decide the custody matter of child is where the ward/child for the time being ordinarily resides - It does not require that a father or mother must ordinarily reside with the ward and that such question may be raised at the time of final hearing..........
Guardians and Wards Act, 1890, Section 9, 25 -- Custody of child - Territorial jurisdiction of Court - Child is residing at Jalandhar of her maternal grandparents since 2021 - Petition for custody was filed after 1-1/2 years from the time when child started residing at Jalandhar - It would be question of trial, whether the child was removed from the custody, as is alleged..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Title dispute - When there are serious disputes with regard to possession and title and validity of documents and its genuineness, writ petition is not a remedy to resolve the title disputes qua possession of property...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Objection as to territorial and pecuniary jurisdiction of first appellant Court has to be taken at the earliest point of time in first appeal - Objection having not taken before first appellate authority, cannot be allowed to be taken at a subsequent stage in second appeal...........
Constitution of India, 1950, Article 226, 227 -- Writ jurisdiction - Orders passed by Arbitral Tribunal - Interference u/arts 226, 227 of Constitution is permissible only if order is completely perverse i.e that the perversity must stare in the face...........
