Civil Procedure Code, 1908, Section 115 -- Jurisdiction of execution Court - Revision - Maintainability - Judgment debtors raised fundamental question regarding jurisdiction of execution Court in trying to execute the decree - The questions are pure questions of law, viz., the locus standi and the question of limitation - Held, they fall within the purview of S.115 CPC as..........
Civil Procedure Code, 1908, Section 89 -- Jurisdiction of Civil Court - Plaintiff gave notice dated 24.04.1996 by which defendants were called upon to finalize and pay the claim within a period of 60 days from the date of receipt of notice - Plaintiff filed the suit on 24.09.1996 which is within 90 days from expiry of the stipulated period of 60 days, since defendants did..........
Civil Procedure Code, 1908, Section 100, Punjab Land Revenue Act, 1887, Section 111 -- Private partition - Concurrent finding of fact - Second appeal - Concurrent finding of fact recorded by both Courts below rejected plea of plaintiff regarding private partition - Said finding of fact is based on proper analysis and appreciation of evidence led by both parties - Held,..........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Order directing registration of case and investigation - Order passed by Magistrate u/s 156(3) has already been executed and FIR has been registered against accused - Revisional Court, inspite of this fact entertained revision of accused and also stayed their arrest till submission of charge-sheet - Held, this was..........
Civil Procedure Code, 1908, Section 9, Evidence Act, 1872, Section 115 -- Jurisdiction of Civil Court - Estoppel - Suit for possession - Defendants themselves have denied relationship of landlord and tenant - Held, they are estopped to say that civil court has no jurisdiction to try the suit...........
Criminal Procedure Code, 1973, Section 178(c),179, Indian Penal Code, 1860, Section 323, 498A -- Cruelty - Territorial jurisdiction - Harassment and cruelty as alleged was caused to opposite party No.2 at the hands of accused-petitioners at her sasural situated in Distt. Lakhisarai and she was driven out from there by them by snatching her personal belongings and she,..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Agreement between parties - Ouster clause pertaining to jurisdiction - Adherence to - Held, ordinarily Court would respect arrangement/agreement entered between the parties and court is not obliged to entertain suit and would be guided by agreement entered between the parties for their..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Provisions of O.6.R.17 are mandatory - Court's jurisdiction to allow such application U.O.6.R.17 CPC is taken away unless condition precedent therefor is satisfied - Court must come to a conclusion that inspite of due diligence parties could not raise matter before commencement of trial...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Production of - Power of Appellate Court - Held, jurisdiction of appellate court is to be exercised not only when Cl.(a) and (aa) of sub-rule (1) of R.27 of O.41 the Code is attracted but also when such a document is required by Appellate Court itself to pronounce judgment or for any other substantial..........
Criminal Procedure Code, 1973, Section 482 -- Scope - Provision of S.482 Cr.P.C. is not applicable to initiate criminal proceedings or set the criminal law in motion - Inherent jurisdiction can be exercised if the order of Subordinate Courts results in the abuse of the 'process' of the Court and/or calls for interference to secure the ends of justice...........
