Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Plea not available when not raised in the Court of first instance and at the earliest opportunity and unless there is consequent failure of justice...........
Civil Procedure Code, 1908, Section 21A -- Provision is applicable to both territorial jurisdiction as well as pecuniary jurisdiction...........
Suits Valuation Act, 1887, Section 11 -- Valuation of suit - Objection that a Court which had no jurisdiction over a suit had exercised it by reason of under valuation could not be entertained by an appellate Court unless the objection is taken in the Court of first instance at or before the hearing at which the issues were first framed or the appellate court is satisfied..........
Civil Procedure Code, 1908, Section 9, 15, 16, 17, 18, 19, 20, 21 -- Lack of inherent jurisdiction and objection to territorial jurisdiction and pecuniary jurisdiction - Distinction - Inherent lack of jurisdiction may make a decree passed by that Court one without jurisdiction or void in law - A decree passed by a Court lacking territorial jurisdiction or pecuniary..........
Civil Procedure Code, 1908, Section 21, 99, Suits Valuation Act, 1887, Section 11 -- Case tried by a court on merits and judgment rendered - Judgment not liable to be reversed purely on technical ground, unless it has resulted in failure in justice - Objection to jurisdiction both teritorial and pecuniary technical in nature - Not open to consideration by an Appellate..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Only such portion of property is to be sold in execution which is sufficient to satisfy the decree - Sale held without examining this aspect and not in conformity with this mandatory requirement is illegal and without jurisdiction...........
Criminal Procedure Code, 1973, Section 439(2) -- Anticipatory bail - Cancellation of - Matrimonial dispute - Cruelty, torture and demand of dowry - Court directed husband to pay a sum of Rs.2500/- per month as maintenance to applicant and daughter till disposal of maintenance application by appropriate court - Husband granted anticipatory bail - According to wife appellant..........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Company - Having principal office at one place and subordinate offices at other places - If cause of action arises at a place where company has its subordinate office then Court at that place has jurisdiction and not the Court where company has its principal office...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Cheques given to plaintiff deposited at Delhi - Not an indicator that part of cause of action has arisen at Delhi...........
Criminal Procedure Code, 1973, Section 397 -- Acquittal - Revision against - Specific notices were served on complainant and other witnesses for their appearance before CJM and they remained absent - Trial court closed prosecution evidence and on same date pronounced the judgment of acquittal - Held, approach of trial court does not appears to be illegal or perverse which..........
