Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Is an authority to decide a given case one way or other - Question as to jurisdiction of Court even if not raised by any party still Court has power to decide its own jurisdiction - In other words, a case where Court has no jurisdiction, it cannot confer upon it by consent or waiver of the parties...........
Civil Procedure Code, 1908, Section 9, 20 -- Jurisdiction - Decree passed by a Court having no jurisdiction is nullity - Such an issue can be raised at any stage of the proceedings - Acquiescence of a party cannot defeat the legislative animation as doctrine of waiver does not apply - Finding of a Court or Tribunal becomes irrelevant and unenforceable/inexecutable once the..........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Objection as to - Not raised in the temporary injunction application and appeal filed against the order therein - There is no waiver of the right to raise the objection in the written statement...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 18, Rule 17 -- Framing of additional issues - Waiver of - At the time of framing of issues trial court specifically recorded that no other issues are pressed or claimed - If any other issue arises the same is waived - Application for framing additional issues and for leading additional..........
Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Objection as to - Can be waived either expressly or impliedly - An implied waiver can be gathered by the conduct of the party who is said to have waived the right...........
Civil Procedure Code, 1908, Section 9, 11, Evidence Act, 1872, Section 115 -- Court having no jurisdiction - Consent cannot confer jurisdiction on a Court when it has none - An order passed by Court having no jurisdiction is a nullity - When the court lacks inherent jurisdiction, the procedural provision of estoppel, waiver or res-judicata shall also not apply...........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata, estoppel and waiver - Principles of estoppel, res judicata and waiver are procedural in nature and thus same will have no application in a case where judgment has been rendered wholly without jurisdiction or issue involves only pure questions of law...........
Civil Procedure Code, 1908, Section 16, 17, 18, 19, 20 -- Jurisdiction - Neither consent nor waiver nor acquiescence can confer jurisdiction upon a Court, otherwise incompetent to try the suit...........
Civil Procedure Code, 1908, Section 2(2), 9, 21, 16 -- Decree passed by a Court lacking inherent jurisdiction is a nullity - Principles of estoppel, waiver and acquiescence or res judicata are not applicable to such a decree - However, this is not the case with a decree passed by a Court having no territorial or pecuniary jurisdiction - Such a decree can be interfered with..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 116 -- Res judicata, waiver & estoppel - Issue of fact once determined finally by a Court of competent jurisdiction when comes directly in question in subsequent proceedings between the same parties then the persons cannot be allowed to raise the same question which already stands determined earlier by the..........
