Civil Procedure Code, 1908, Section 80, 11 -- Suit against Govt. without issuing notice u/s.80 - Suit held not maintainable for want of notice but other issues decided on merit - Court having no jurisdiction to proceed with the suit was bound to reject the plaint - Subsequent suit between same parties seeking similar relief not barred by principle of res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 10, 10-A -- Court lacking jurisdiction - Once Court finds that it lacks jurisdiction to adjudicate the suit then it has no jurisdiction to decide other issues in the suit on merits and the same amount to nullity...........
Tort -- Damages - Eviction proceedings filed but could not succeed - Held, in a suit for damages the court has no jurisdiction to go into the reasoning given by the Court or Tribunal in its judgment in earlier proceedings while dismissing the cause of the defendant (petitioner in eviction proceedings) - The Court is only concerned whether the present suit for damages is..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Company - Jurisdiction is only with the Court where its principal office situates - However, the Court will have the jurisdiction to try the suit against the company where its subordinate office also situates provided cause of action arises within that jurisdiction - Both the conditions to be satisfied...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Contract - A suit based on breach of contract can be filed where the contract was made, where the contract should have been performed or its performance completes or breach of contract took place - The Court in whose jurisdiction no such cause of action took place, will not have jurisdiction to try such suit...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Parties by agreement cannot confer jurisdiction on a court where no part of cause of action arose - However, parties by agreement can incorporate ouster clause - Ouster clause will be valid only if the parties to the contract agreed to vest jurisdiction in only one of the Courts where part of cause of action arises...........
Negotiable Instruments Act, 1881, Section 138 -- Jurisdiction - Cheques issued from Delhi - Cheque dishonoured at Panipat - Court at Panipat has jurisdiction to try the complaint...........
Maintenance -- Cruelty - Husband questioning legitimacy of son, and thus attributing unchastity or adultery to wife without jurisdiction or proof - Amounts to cruelty...........
Punjab Co-operative Societies Act, Section 54, 55 -- Ambit and scope of Section 55 wider than that of Section 54-Special feature of Section 55-Begins with a non obstante clause-Expression 'notwithstanding anything contained in any law for the time being in force'-Indicative of intention of Legislature to give over-riding effect to provisions of Section 55 over provisions..........
Civil Procedure Code, 1908, Order 18, Rule 3-A -- Permission granted by court to a party to examine himself as a witness after examination of other witnesses on his behalf - Not illegal, nor error of jurisdiction...........
