Civil Procedure Code, 1908, Section 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 13(b), Punjab Land Revenue Act, 1887, Section 45 -- Jurisdiction of civil Court - Suit for declaration challenging mutation entry being wrong, illegal, void and nullity and not binding on the rights of plaintiffs/proprietors of the village - It is S.13-B of Act of 1961 which..........
Commercial Courts Act, 2015, Section 3, 10, Arbitration and Conciliation Act, 1996, Section 2(1)(e) -- Commercial Courts - Conferring jurisdiction upon Court of Civil Judge (Senior Division) as Commercial Court to decide applications or appeal arising out of arbitration under the provisions of Act of 1996 - Not illegal or bad in law - Same can be said to be absolutely in..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Binding decision cannot lightly be ignored and even an erroneous decision remains binding on the parties to same litigation and concerning the same issue if rendered by a Court of competent jurisdiction - Such a binding decision cannot be ignored even on the principle of per incuriam because that principle applies to..........
Evacuee property -- Jurisdiction of Court - Civil Court or Revenue Court has no jurisdiction to entertain or adjudicate any controversy...........
Stamp Act, 1899, Section 36 -- Impounding of document - Deficient stamp duty - Court suo moto, has no jurisdiction to impound a document on the ground of deficiency of stamp duty after it has been admitted in evidence - Bar u/s 36 of the Act will be applicable to Court also...........
Criminal Procedure Code, 1973, Section 401(3) -- Revision - Findings of acquittal recorded by subordinate Court cannot be converted into conviction by High Court in exercise of revisional jurisdiction u/s 401 (3) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Jurisdiction - Transfer of case - S.142(2)(b) of the Act provides that the offense u/s 138 of the Act shall be inquired into and tried by a Court within whose local jurisdiction, if the cheque is presented for payment by the payee or holder in due course, the branch of the drawee bank where the..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act - Magistrate after obtaining response from husband and his relatives etc. is well within his jurisdiction to revoke his order of issuing summons to them or he can even drop the proceedings...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act - Interim order - Magistrate has jurisdiction to cancel interim order passed by him, if upon going through the response of husband and his relatives, finds that they have been unnecessarily roped in or no case for grant of interim order is made out...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - It is only if a party is a necessary or a proper party that they can be directed by Court to be joined in the proceedings - If a person is not found to be a necessary or proper party, Court has no jurisdiction to order impleadment against the wishes of plaintiff...........
