Civil Procedure Code, 1908, Order 23, Rule 1, Constitution of India, 1950, Article 226 -- Partition proceedings - Writ petition - Maintainability - Held, once the petitioners had invoked the alternative remedy of filing a civil suit to challenge the instrument of partition, they can not be heard in a writ petition once they had not succeeded in Civil Court and permitted to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 40, Rule 1(S - - Preliminary issue of jurisdiction - If objection to the jurisdiction is raised by the defendants at the time of hearing of the Application for temporary injunction or application for appointment of Court Receiver, it is duty of Court to decide the said objection after..........
Civil Procedure Code, 1908, Section 104, Order 43, Delhi High Court Act, 1966, Section 10(1) - - Letters patent appeal from orders - Held, in case of an order passed by Single Judge in exercise of ordinary original civil jurisdiction in case of a no, appealable order u/s 104 r/w O.43 of CPC which meets the test of a "judgment" that decides matters of moment or affects..........
Civil Procedure Code, 1908, Section 100, 115 -- Appellate and revisional jurisdiction - Distinction - Held, supervisory or revisional jurisdiction is considered to be a power vesting in any superior court or Tribunal, enabling it to satisfy itself as regards the correctness of orders of inferior Tribunal - Appellate jurisdiction confers a right upon aggrieved person to..........
Civil Procedure Code, 1908, Section 3 -- Court and tribunal - Determination of - Held, one of the tests to determine whether a Tribunal is a Court or not, is to check whether High Court has revisional jurisdiction so far as the judgments and orders passed by Tribunal are concerned...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 43, Rule 1A -- Compromise decree - Relief barred by limitation - Challenge to - Plaintiff is seeking a declaration by way of filing a separate suit that compromise decree passed is null and void - Held, declaration sought by plaintiff cannot be granted in an independent suit - Remedy open..........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Order 14, Rule 1 -- Arbitration award - Objections - Framing of issues - (i) Not mandatory to frame issues; (ii) Court if finds necessary can frame issues; (iii) Parties not to be allowed to lead evidence as in a regular civil suit; (iv) If Court finds that on certain question of fact or on..........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Section 107, Order 41 -- Arbitration award - Objections - Power of Court while entertaining an application u/s 34 of the Act is akin to the appellate jurisdiction so as to find out whether the award is liable to be set aside on any one or more grounds specified in S.34 of the Act...........
Civil Procedure Code, 1908, Section 92(1)(c) - - Trust - Elected representatives of parishioners - Suit for declaration of title and possession - There is no breach of trust alleged - Nor is there any necessity, deemed or express, of any direction from Court for administration of trust - Plaintiffs were committee of administrators - Prayer does not come under either..........
Civil Procedure Code, 1908, Section 17, 20 -- Suit for immovable property - Territorial jurisdiction of Court - Determination - Suit properties situated within jurisdiction of different Courts i.e. "R" and "C" - Held, in view of S.17 CPC, suit could be filed in either of the two Courts - Since both the parties are also residents of "R" i.e. within the territorial..........
