Civil Procedure Code, 1908, Order 21, Rule 46, Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Garnishee - Right of - Living beyond territorial jurisdiction of Court - Judgment debtor also beyond the jurisdiction of Court - No material to show that debt is payable within jurisdiction of executing Court - Order by executing Court prohibiting garnishees from making..........
Civil Procedure Code, 1908, Section 151 -- Mistake by Court - Judge has jurisdiction to correct his own mistake in exercise of inherent powers, if it is factually found that there was a mistake in his order...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Main relief in plaint relating to continuance of tenancy under trust - Other reliefs claimed regarding enquiry into affairs of trust - Rejection of plaint on ground that Civil Court has no jurisdiction - Order set aside - Adjudication in suit to be restricted to question of tenancy only - Plaintiff..........
Civil Procedure Code, 1908, Section 9 -- Electricity (Supply) Act, 1948, Sections 49 and 79 - Alternative remedy - Bar of jurisdiction of civil Court - Scheme of Settlement of Disputes of the grievance of consumers framed by the respondent Board in exercise of powers under Section 79(j) r/w Section 49 of the Act - Plea of the respondent Board that plaintiff has not..........
Civil Procedure Code, 1908, Section 9 -- Bar of jurisdiction of civil Court - Principles enumerated...........
Civil Procedure Code, 1908, Section 24, Order 41, Rule 23 -- Remand - Suit remanded to trial Court for fresh decision - Trial Court has jurisdiction to go into all issues including issue relating to valuation and sufficiency of Court fees - Whole of matter open - Transfer sought on the ground of exceeding jurisdiction - Liable to be dismissed...........
Civil Procedure Code, 1908, Section 21(3) -- Bar to jurisdiction - Decision of Beaches Officer as to whether person is Bargadar or not - Order Exparte - Also violative of Principle of Natural Justice - Civil Court Competent to interfere with...........
Civil Procedure Code, 1908, Section 129 -- Suit invoking admiralty jurisdiction - Order of arrest of vessel - Sale of vessel - Order directing Advocate Commissioner to disburse expenditure amount and deposit remaining amount in High Court - Subsequent suit invoking admiralty jurisdiction filed in another High Court - Order of attachment passed in subsequent suit - Failure..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - In ascertaining whether the plaint shows a cause of action, Court is not required to make an elaborate enquiry into doubtful or complicated questions of law or fact - Jurisdiction of Court is restricted to ascertaining whether on the allegations a cause of action is shown...........
Civil Procedure Code, 1908, Order 7, Rule 10-A, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Territorial jurisdiction - Lack of - Procedure prescribed U.O.7.R.10-A not followed - Appeal U.O.43.R.1(a) is maintainable...........
