Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court cannot examine the validity of order of Court which had allowed the execution of decree unless Court's order is itself without jurisdiction...........
Civil Procedure Code, 1908, Section 19, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit for compensation for wrong done - Mere injury or wrong done without anything more would not suffice to sustain claim of compensation - Wrong done takes both the act and effect - In the instant case, death of daughter of plaintiff happened in Delhi but its..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Court sitting in second appellate jurisdiction is to frame substantial question of law at the time of admission, save and except in exceptional circumstances - Post such framing of questions Court shall proceed to hear the parties on such questions, i.e., after giving them adequate..........
Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Objection as to - Issue of territorial jurisdiction of Court was not raised at the earliest possible opportunity - Objection filed at the stage when suit was posted for evidence of plaintiff - No case that non-consideration of issue of territorial jurisdiction would result in failure of jurisdiction as..........
Civil Procedure Code, 1908, Section 25 -- Transfer of petition from Central Administrative Tribunal, Hyderabad to Tribunal at Ahmedabad - Petitioner after retirement living in Ahmedabad and it would cause inconvenience and undue hardship if his plea is not accepted - No case of petitioner that Tribunal which is hearing the matter at present is without jurisdiction - Matter..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - While invoking inherent jurisdiction, it is wholly impermissible for High Court to enter into factual arena to adjudge the correctness of allegations in the complaint...........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Court which passed the decree cannot by itself bring out a fresh cause of action based on any failure to address any of disputes involved in the suit except on the ground of lack of inherent jurisdiction...........
Criminal Procedure Code, 1973, Section 202 -- Provision of S.202 is mandatory in a case where one of accused is residing at a place outside the jurisdiction of Magistrate - Non-compliance thereof will result into failure of justice...........
Civil Procedure Code, 1908, Section 9, Rajasthan Tenancy Act, 1955, Section 207 -- Jurisdiction of civil Court - Suit for declaration of a tenant's right - Comes under third schedule of Act of 1955 - However, a suit for determination of legal heirs does not - Before approaching Revenue Authorities, for mutation, parties to approach Civil Court of competent jurisdiction, to..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural land - Suit filed for permanent injunction and easement right - Suit is not to decide ownership or possession or for any purpose enumerated in Column 3 of Schedule II of UPZA and LR Act - Moreover, defendant itself has stated in its written statement that on the land purchased by it..........
