Commercial Courts Act, 2015, Section 13(1A), Civil Procedure Code, 1908, Order 7, Rule 10, 11(d), Civil Procedure Code, 1908, Order 43 -- Appeal - Maintainability - Appeal u/s 13(1-A) of 2015 Act would lie only against judgment and orders which are enumerated or enlisted U.O.43 CPC - Order rejecting an application moved U.O.7.R.10 or O.7.R.11(d) CPC is not enumerated or..........
Civil Procedure Code, 1908, Section 19, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit for compensation for wrong done - Mere injury or wrong done without anything more would not suffice to sustain claim of compensation - Wrong done takes both the act and effect - In the instant case, death of daughter of plaintiff happened in Delhi but its..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Jurisdiction of Court - Recovery suit on the basis of dishonoured cheque - Cheque presented in Bank at place `C' and dishonoured - Dishonor of cheques at place `C' which is a part of the cause of action for plaintiff's suit would bring the suit within territorial jurisdiction of Court at place `C' - Order of..........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2015, Section 36 -- Filing of execution petition before Commercial Court where defendant resides - Well within meaning of S.36 of Act of 2015 - Order passed by Commercial Court returning back case invoking provision of O.7.R.10 CPC is patently wrong and set aside...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Joint application U.O.7.Rr.10 & 11 CPC - As far as prayer concerning application U.O.7.R.10 CPC is concerned, the same not considered by trial Court - Matter remanded to trial Court to consider and decide the issue of territorial jurisdiction of Court...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Suit instituted at place `P' for temporary reliefs - Right reserved to institute suit for substantial reliefs at place `B' at a later point of time - A litigant cannot be allowed to use one Court for the purpose of temporary reliefs and another Court for permanent reliefs - Plaintiffs were questioning..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Plaint can be ordered to be returned when issue of jurisdiction is a pure question of law and not when issue of jurisdiction is a question of fact or mixed question of law and fact which must be decided on merits...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Matrimonial dispute - Plaintiff specifically stated that not only parties to suit reside but cause of action with respect to matrimonial dispute arose as also part of landed property situate within territorial jurisdiction of trial Court - Since a defendant/female is stated to be..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Suit for possession based on title - Possession of defendant that of trespasser - Civil Court has jurisdiction to entertain the suit - Return of plaint rightly refused...........
Commercial Courts Act, 2015, Section 12A, Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Urgent interim relief sought - Order of return of plaint for non compliance of S.12-A of Commercial Courts Act - Impugned order set aside - Court directed to number the suit and consider interim application...........
