Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Discretion exercised by lower court in allowing amendment - Revision against - Neither any serious injustice nor any irreparable loss is likely to be caused to the applicants by allowing the amendment - Exercise of jurisdiction by court below was neither with any illegality nor with material irregularity -..........
Criminal Procedure Code, 1973, Section 126 -- Jurisdiction - Maintenance petition filed at place V - objection taken that petition should have filed at place K where both petitioner and respondents are residing - Courts at place V & K falling in the same district - Held, that court at place V has jurisdiction to try the petition...........
Civil Procedure Code, 1908, Section 9, 151 -- Suit for recovery of properties and for maintenance - Interim maintenance - Held, court has jurisdiction to grant interim maintenance in such suits...........
Criminal Procedure Code, 1973, Section 126(2) -- Proviso - Maintenance petition - Exparte order - No specific order that the petitioner was wilfully avoiding service of notice or wilfully avoiding service of notice or wilfully neglecting to attend the Court - Held, exparte order is illegal and without jurisdiction...........
Service -- Confidential report - Adverse remarks - Correctness thereof - Civil Court has no jurisdiction. (1989 Civil Court Cases 4000 (P&H) followed)...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13, 13A - - Suit in Civil Court challenging order under Section 7 of Assistant Collector 1st Grade upheld in appeal by Collector, on the ground that a question of title involved in proceedings under Section 7 but instead of deciding the same under Section 13A, summary order passed under Section 7 - Civil Court..........
Court Fees -- Suit dismissed for non payment of court fee - Trial court has jurisdiction u/s.151 CPC to restore the suit. (Civil Procedure Code, 1908, O.7R.11(c) & S.151)..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Court has jurisdiction to order maintenance of status quo as on the date anterior to the institution of suit - Such a direction should be exercised only in rare case and only if (i) Court feels that at the trial a similar injunction in all probabilities will be granted (ii)..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - affidavit - absence of allegation or assertion in the affidavit about the removal of property outside the jurisdiction of the Court or that the defendants are likely to do any act which would frustrate the plaintiff from realising the fruits of the decree that may be passed by the Court in the..........
Civil Procedure Code, 1908, Section 20 -- Specific performance of agreement of sale - Territorial jurisdiction - Court in whose jurisdiction the agreement was executed has jurisdiction to entertain suit for specific performance simpliciter even if the property is situated outside jurisdiction of that court...........
