U P Consolidation of Holdings Act, 1953 -- Civil Court - Bar of jurisdiction - Jurisdiction of Civil Court is barred not only in respect of the matters mentioned in the provision but also the matters which could and ought to have been the subject matter of the proceedings under the Act...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Ratification - If Court had no jurisdiction to accept the compromise in defiance of the mandatory provision contained in O.23.R.3 CPC the question of invoking the doctrine of ratification does not arise - The doctrine of ratification may be applicable in the realm of private law regime but not for the purpose of..........
Limitation Act, 1963, Section 3, 5, Article 123 -- Application filed beyond period of limitation without being accompanied by an application for condonation of delay - Held, in absence of an application for condonation of delay, Court has no jurisdiction to entertain the application for setting aside the decree...........
Constitution of India, 1950, Article 227 -- High Court while exercising its supervisory jurisdiction cannot enter into disputed questions of fact...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Court within whose jurisdiction the cheque was merely presented for realisation has no territorial jurisdiction to try the offence...........
U P Consolidation of Holdings Act, 1953 -- Civil Court - Bar of jurisdiction - Jurisdiction of Civil Court is barred not only in respect of the matters mentioned in the provision but also the matters which could and ought to have been the subject matter of the proceedings under the Act...........
Consumer Protection Act, 1986, Section 21(b) -- Revisional jurisdiction - Plea of maintainability of complaint - The point was conceded before the District Forum that complaint maintainable - This point was not taken before the State Commission - The petitioner debarred from taking a position contrary to it at the stage of revision...........
Consumer Protection Act, 1986, Section 21(b) -- Revisional jurisdiction - New plea - Original certificate with wrong date of birth issued in 1985 - Reliance being placed on a report of 1995 - This was not taken in the written statement and was an after thought - Petitioner cannot be allowed to plead a new fact which was not taken before Fora below...........
Companies Act, 1956, Section 630 -- Company allotted residential premises to its Managing Director - Death of Managing Director - Daughter of deceased M.D. continued to remain in possession of premises and refused to surrender possession back to the company - Held, company is within its legitimate rights and jurisdiction to preserve its property - If the legal..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Scope - Drastically curtailed after amendment in 1976 - High Court has jurisdiction to interfere only in a case where substantial question of law is involved and those questions are clearly formulated in the memorandum of appeal - At the time of admission of second appeal, it is the bounden duty and obligation of..........
