Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Correction of date of birth - Jurisdiction of civil court is not ousted - This is not a case relating to enforcement of a right or an obligation under Industrial Disputes Act...........
Civil Procedure Code, 1908, Section 92(1) -- Suit u/s 92 CPC - For Court to exercise jurisdiction u/s 92 CPC, there must be a factual finding from material placed on record whether Trust was a public charitable or a religious Trust and also whether persons approaching Court have any interest in Trust...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - No classification of cheque, as bearer or cross cheque/account payee cheque is made in the Act, for the purpose of jurisdiction - From use of the word `any cheque' in S.138 of the Act it can be well inferred that it may be an account payee cheque or a bearer cheque, dishonour of which on account of..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Complainant having his bank account at place `H' and he presented the cheque there for collection - Intimation of dishonour of cheque received from Bank at place `H' - Court at place `H' has jurisdiction to try the offence...........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Resolution of dispute between two religious denomination cannot take place merely on the basis of averments in the petition u/art 32 of Constitution and counter affidavits in opposition, particularly when rights which are claimed and alleged infraction of rights would also have to be established on the basis of..........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Dispute between two religious denomination - Mere fact that petitioners invoke the Places of Worship (Special Provisions) Act, is not ground enough to entertain a petition u/art 32 of Constitution when the underlying facts on the basis of which such a claim is made would have to be duly established in the..........
Agreement to sell -- Specific performance - Jurisdiction of Court to grant decree of specific performance is discretionary but not arbitrary - Discretion must be exercised in accordance with sound and reasonable judicial principles. (Specific Relief Act, 1963, S.20)..........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Amendment of valuation of suit - Revision - Permission to amendment in valuation of suit cannot be given a status of a case decided - Revision against such interlocutory order of allowing amendment application qua valuation of suit not maintainable unless it affect jurisdiction of Court - Revision petition..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil court jurisdiction - Collector and Mamlatdar did not comply with the statutory provisions and did not act in conformity with the fundamental principles of judicial procedure - There is thus no bar of jurisdiction of civil court...........
Guardians and Wards Act, 1890, Section 9, 25 -- Custody of child - Jurisdiction of Court - Exclusive jurisdiction to hear a suit for child custody u/s 9(1) of the Act is with District Judge having jurisdiction in place where minor ordinarily resides - Child was residing within jurisdiction of district Judge Merta - Family Court Jodhpur thus, had no jurisdiction to try..........
