Civil Procedure Code, 1908, Section 9 - - Jurisdiction of civil Court - Suit for damages - Civil Court jurisdiction is not barred to entertain suit for damages in the light of Tamil Nadu Property Act, as Act does not oust jurisdiction of civil Court either expressly or by necessary implication.
(7) An exclusion of the jurisdiction of the civil court is not readily to..........
Criminal Procedure Code, 1973, Section 433 -- Commutation of sentence - Powers u/s 433 Cr.P.C can only be exercised by appropriate Government - These powers cannot be exercised by any Court including High Court - At best, Court can recommend to State Government that such power may be exercised but power of appropriate Government cannot be usurped by Courts and Government..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Eviction decree - Property sold thereafter - J.D. filed injunction suit arraying purchasers as party seeking restraining them for not dispossessing him - Application for stay of execution filed only to deprive DHs and their successors-i, interest from enjoying benefits of property - Moreover, subsequent..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Plaintiff avoided to appeal before trial Courts on numerous dates of hearing for completion of cross-examination - Repeated opportunities were given by trial Court in this regard but plaintiff failed to avail the same - Evidence of plaintiff was closed by trial Court which was never challenged during trial - Second..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - Can be appointed in suit for bare injunction - However, such an appointment must be only in cases where it is necessary for localising the property, when there is a dispute regarding boundaries or there is an attempt made to alter the physical features of the property etc. - In a suit for bare..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Application for amendment should not be rejected only on sole ground of delay, as while considering application for amendment, Courts have very wide discretion in matter of amendment of pleadings...........
Civil Procedure Code, 1908, Section 92 -- Leave of Court to institute u/s 92 CPC - Applicaotn filed but no order passed - Defendant contested suit without raising plea that leave of Court is not granted - Even both sides led evidence and matter was decided on merits - Defendant submitted to jurisdiction of Court without any demur and objection - Courts below came to..........
Practice and Procedure -- It is always open under the law to the parties at dispute to settle dispute by agreement - If they do so, and if it appears to Court that settlement is fair and just and not against law nor against statute, the Courts accept settlement and passes a decree upon it...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 179 -- Complaint u/s 498-A IPC - Jurisdiction - 2019(2) Apex Court Judgments 344 (S.C.) : 2019(2) Criminal Court Cases 578 (S.C.) followed, wherein held : Courts at the place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by..........
Civil Procedure Code, 1908, Section 9, 20 -- Jurisdiction of Court - Parties by agreement can confer jurisdiction upon a Court otherwise having jurisdiction, by ousting jurisdiction of other Courts...........
