Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Agreement executed at place `H' and part of cause of action accrued within the jurisdiction of Court at place `D' - Suit can be instituted at either of the two places - Mere execution of agreement at place `H' does not take away the jurisdiction of Court at place `D' where a part of cause of action has arisen...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Agreement executed in Hong Kong with a clause 'Terms and conditions of the agreement shall be interpreted in accordance with the laws of Hong Kong Special Administrative Region' - Held, this clause has nothing to do with jurisdiction of Court - Suit filed in a Court in India where part of cause of action accrued -..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- `Cause of action' & `applicability of law' - These are two distinct, different and independent things and one cannot be confused with the other - Cause of action consists of material facts which are imperative for the plaintiff to allege and prove to succeed in the suit...........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Relief not sought in plaint - Court can grant relief if party is entitled to it though not claimed if there is sufficient evidence available on record - Court can go into the substance of the claim in determining the nature of the relief sought for by the plaintiff and can grant appropriate alternative relief if there is..........
Civil Procedure Code, 1908, Order 21 -- Execution - Petition for execution of decree closed after recording satisfaction of the decree for putting up the boundary - Subsequent execution petition is not barred by principle of res judicata as a judgment debtor who demolishes a boundary put up in execution of a decree for fixation of boundary is not entitled to insist that..........
Consumer Protection Act, 1986, Section 11(2)(b) -- Territorial jurisdiction - Insurance claim - Plea that appellant - complainant had no jurisdiction to the complaint at Chandigarh because cause of action had arisen with the jurisdiction of Fatehgarh Sahib District or where the respondent resided repelled - Regional office of respondent is situated at Chandigarh -..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Dishonour of first cheque dated 2.8.1997 partially formed cause of action - Culminated furnishing complete cause of action to respondent No.1 with the bouncing of second cheque dated 19.4.1999 - Taking the date of dishonour of the cheque dated 19.4.1999 the complaint filed on 18.4.2001 held to be within limitation...........
Love marriage/Rebellion marriage/Run away marriage -- Protection of life and liberty of couples - Directions issued - (i) Whenever any intimation is received by the SSP/SP of concerned District regarding the marriage of a young couple with a threat and an apprehension of infringement of the right of life and liberty by the police at the instance of the family members of..........
Civil Procedure Code, 1908, Order 9, Rule 9, 8 -- Suit wholly or partly dismissed U.O.9.R.8 - Fresh suit on the same cause of action is barred - The only remedy available to plaintiff is to move an application for setting aside the dismissal order...........
Civil Procedure Code, 1908, Order 9, Rule 9, 8 -- No instructions - Suit dismissed - Fresh suit on the same cause of action is barred - Only remedy available to plaintiff is to file an application for setting aside the dismissal order...........
