Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Ouster of jurisdiction of civil Court can be express or implied - But, it cannot have retrospective effect annulling a decree validly passed by civil Court...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 9 -- Maintenance to wife - Decree of restitution of conjugal rights in favour of husband - No bar u/s 125 Cr.P.C. to grant maintenance to wife, even against whom, decree for restitution of conjugal rights is passed...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Electricity Act, 2003, Section 145 -- Rejection of plaint - Bar of Civil Court Jurisdiction - Restraining erection and installation of electric tower for supplying electricity - Jurisdiction of Civil Court is barred - Plaint rejected...........
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83, 85 -- Jurisdiction of civil Court - Waqf property - Civil Court has no jurisdiction to try and entertain suit in relation to determination of any dispute regarding waqf and waqf property in view of Ss.83, 85 of Waqf Act...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plaintiff having no objection in allowing such application - Ex parte decree set aside - Co-defendant has no right to raise objection that ex parte decree should not have been set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plaintiff having no objection in allowing such application - Question of limitation can only be decided in case application is being contested by plaintiff...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Husband filed suit against wife, daughters and son to declare the property purchased in the name of wife is benami - Such plea of benami transaction cannot be taken after Benami Prohibition Act - Husband and wife passed away - Daughters have filed appeal against son - Since daughters got..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Neither there is specific bar, nor hard and fast rule that Advocate Commissioner cannot be appointed before commencement of trial or before passing an order granting temporary injunction, particularly when appointment of an Advocate Commissioner would help in disposing application for..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Partition suit - Sister of plaintiff not arraigned as a party - However, plaintiff stated that his sister had already taken share and also affidavit is filed to that effect - Suit not bad for non-joinder of necessary party...........
Civil Procedure Code, 1908, Section 11, Order 26, Rule 9 -- Appointment of second Commissioner - Res judicata - Where Court Commissioner fails to present before Court correct picture prevailing at the site, trial Court itself is empowered to appoint another Court commissioner and there is no question of attracting principle of res judicata...........
