Civil Procedure Code, 1908, Section 9 -- Industrial Disputes Act, 1947 - Civil Court Jurisdiction - Dispute involving recognition, observance or enforcement of any of the rights or obligations created by the Industrial Disputes Act, the only remedy is to approach the forums created by the said Act - Civil Court has no jurisdiction to entertain such suit and decree passed..........
Lok Adalat -- Has no jurisdiction to decide a divorce petition - Lok Adalat is to help the parties to come to terms, record their statements as regards their decision to dissolve the marriage by mutual consent and do all other necessary act in this direction - However, after recording settlement, the case has to go back to District Judge to pass the final decree in the..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Provision of O.21.R.64 is mandatory - Only such portion of the property is to be sold which is sufficient to satisfy the decree - Sale not in conformity with the mandatory provision is illegal and without jurisdiction...........
Civil Procedure Code, 1908, Order 21,, Rule 24 -- Sale of property attached and payment out of sale proceeds - Scope and extent - Expression 'Necessary to satisfy decree' indicates that no sale can be allowed beyond the decretal amount mentioned in the sale proclamation - Court to sell only such portion of property, the proceeds of which would be sufficient to satisfy the..........
Civil Procedure Code, 1908, Order 43,, Rule 1-A -- Issue of Jurisdiction of Civil Court - Decided as a preliminary issue by the Trial Court - Not challanged immediately after it was decided - Can be challenged in appeal against the final judgment and decree...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Auction - Only such portion of property be put to auction which is sufficient to satisfy the decree - Auction without considering this aspect is to be considered as illegal and without jurisdiction...........
Civil Procedure Code, 1908, Section 115 -- Revisional court - Scope of jurisdiction - Execution of decree pending - Objected to on the ground of having been obtained by playing fraud - Decision of such plea by revisional court - Not within the ambit of jurisdiction...........
Specific Relief Act, 1963, Section 34 -- Correct date of birth - Civil Court has jurisdiction to grant a decree of declaration as to correct date of birth with a direction to defendant authorities to rectify the date of birth in necessary records...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 101 -- Execution - Exparte decree for specific performance - Third party objections claiming to be owner in possession - Court has to decide third party objections before actual delivery of possession takes place - Court acquires jurisdiction to decide it as a question of title between the parties and adjudication..........
Civil Procedure Code, 1908, Section 152 -- Decree amendment jurisdiction of - Partition suit - Went upto Supreme Court - Wrong description of property - Proceedings for final decree pending before lower court - Lower court competent to order amendment of decree...........
