Arbitration and Conciliation Act, 1996, Section 34 -- Petition u/s 34 of the Act - Court while deciding said petition has no jurisdiction to remand matter to Arbitrator for a fresh decision...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2017, Section 22 -- Eviction petition - Power of Tribunal - Tribunal has jurisdiction to direct vacation by children of any property in which senior citizen has a right of residence/possession - Contention that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed - Agricultural land - Suit is primarily for cancellation of sale deed of land, which is not `land' as defined u/s 3(14) of U.P. Zamindari Abolition and Land Reforms Act - Civil Court thus, has jurisdiction to entertain suit - Application..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 25 -- Remand - Necessary only when Superior Court while exercising its appellate or revisionary jurisdiction finds that Subordinate Court has failed to decide some material issues arising in the case or there is some procedural lacuna noticed in the trial, which has adversely affected the rights of the parties while..........
Civil Procedure Code, 1908, Order 21, Rule 97, Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 25, Civil Procedure Code, 1908, Section 115 -- Execution - Objections - Revision - Executing Court decided objections on merits - Remand - Remand of case is necessary when Superior Court while exercising its appellate or revisionary jurisdiction finds that Subordinate..........
Arbitration and Conciliation Act, 1996, Section 20 -- Place of arbitration - Parties are free to agree on place of arbitration as per Art.20 of UNCITRAL Model Law and in case of failure of agreement, Arbitral Tribunal is required to determine the same taking into consideration convenience of parties - But it had not been agreed upon and there has been no determination as..........
Criminal Procedure Code, 1973, Section 195, 190, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - There must be a complaint by public servant, who is lawfully empowered, whose lawful order has not been complied with - Provisions of S.195 Cr.P.C are mandatory and no, compliance, with it, will make entire process void ab..........
Specific Relief Act, 1963, Section 6 -- Possession - Possession of plaintiff over immovable property on the date of dispossession is condition precedent to invoke jurisdiction of S.6 of the Act...........
Will -- Letters of Administration - Jurisdiction of testamentary Court - It is not for testamentary Court to decide the issue of title - Rather testamentary Court has limited jurisdiction to decide the genuineness of Will...........
Limitation Act, 1963, Section 14 -- Scope - Conditions for applicability of the provision are : (i) that plaintiff was prosecuting another civil proceedings with due diligence; (ii) earlier proceedings and later proceedings relates to same matter in issue (iii) former proceeding was prosecuted in good faith in a Court which from defect of jurisdiction or other cause of..........
