Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Company - Cause of action accrued at a place where company has its branch office - Court at that place has jurisdiction and not the Court at the place where company has its head office particularly when head office has nothing to do with the accrued cause of action...........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Cause of action - Arising in more than one Court - Any of the Courts where part of cause of action arises has jurisdiction to entertain the petition...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Statutory bar of jurisdiction - Plaint to be rejected and not to be returned - Plaint can be returned for presentation before proper Court only when it is presented a court which lacks either territorial or pecuniary jurisdiction and not in a case of statutory bar of jurisdiction...........
Civil Procedure Code, 1908, Section 16(d) -- Jurisdiction - Can be classified into several categories - Important categories are : (i) territorial or local jurisdiction; (ii) pecuniary jurisdiction; and (iii) jurisdiction over the subject-matter - So far as territorial and pecuniary jurisdiction are concerned, objection to such jurisdiction has to be taken at the earliest..........
Civil Procedure Code, 1908, Section 20 -- Suit for recovery of money on basis of cheque - Territorial jurisdiction - Cheque issued at place `O' and property for which the contract was entered into also situated at that place, contract entered into between parties at that place, parties reside there, cheque issued was drawn on a bank situated there - Held, jurisdiction lies..........
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...........
