Civil Procedure Code, 1908, Section 20, Indian Contract Act, 1872, Section 7 -- Territorial jurisdiction - Suit arising out of contract - Making of contract at place of suing is a part of cause of action - Suit can be filed at a place where contract was made or concluded - Acceptance of offer upon making of demand by defendant even though deceitful would be complete as..........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Material date for invoking S.20 of CPC is the one of institution of the suit and not the subsequent change of residence - Change of residence subsequent to decision of the Court does not confer territorial jurisdiction in the Court which it did not have...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Existence of arbitration agreement - Provision of O.7.R.10 CPC has no application - Return of plaint is permissible, if the Court where the plaint is presented does not have territorial and pecuniary jurisdiction...........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Parties by agreement can restrict the jurisdiction to one Court having jurisdiction and in that event, the agreement binds the parties and jurisdiction of other Court stands ousted...........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Written statement filed and objection to jurisdiction taken - Issue as to jurisdiction treated as preliminary issue and parties went on trial on said issue - It does not amount to submitting to the jurisdiction of the Court especially when a preliminary objection with regard to the jurisdiction is taken...........
Civil Procedure Code, 1908, Section 16(b), 16(d), 20 -- Territorial jurisdiction - Suit for declaration for declaring oral Will and sale deed null & void and Decree of partition - Property situated in Pataudi (Haryana) - Suit filed in Delhi on the ground that owner of property made oral Will at Delhi - Courts at Delhi have no jurisdiction even if maturity of defendants are..........
Civil Procedure Code, 1908, Section 9, 15, 16, 17, 18, 19, 20, 21 -- Jurisdiction - Inherent lack of jurisdiction - Decree is one without jurisdiction or void in law - Decree passed by a Court lacking territorial jurisdiction or pecuniary jurisdiction does not automatically become void - It is a voidable decree and can be challenged provided the conditions of S.21 CPC are..........
Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Plea not available when not raised in the Court of first instance and at the earliest opportunity and unless there is consequent failure of justice...........
Civil Procedure Code, 1908, Section 21A -- Provision is applicable to both territorial jurisdiction as well as pecuniary jurisdiction...........
Civil Procedure Code, 1908, Section 9, 15, 16, 17, 18, 19, 20, 21 -- Lack of inherent jurisdiction and objection to territorial jurisdiction and pecuniary jurisdiction - Distinction - Inherent lack of jurisdiction may make a decree passed by that Court one without jurisdiction or void in law - A decree passed by a Court lacking territorial jurisdiction or pecuniary..........
