Evidence Act, 1872, Section 3 -- Evidence recorded in Revenue Court-Cannot be looked into while appreciating/weighing evidence adduced in Civil Court-Objection that evidence adduced in Revenue Courts inconsistent with evidence adduced in Civil Court-Civil Court has no jurisdiction to look into evidence recorded in Revenue Court unless it is brought on record of Civil Court..........
Divorce Act, 1869, Section 19, 20, 17, 3(4) -- Jurisdiction - Statutory provision regarding jurisdiction prevails over personal law, usage or custom - Ecclesiastical Tribunal (Church Court) has no power in connection with matrimonial matters covered by Divorce Act - Power of divorce is vested only in District Courts and power of Church Courts is excluded - Order of High..........
Punjab Village Common Lands (Regulation) Act, Section 13, 11 -- Suit in Civil Court for declaration and permanent injunction claiming to be Khewatdars and owners in possession of disputed land shown as Jumla Mushtarka Malkan restraining Gram Panchayat from interfering in peaceful possession-Gram Panchayat contested it averring that disputed land is Shamilat Deh, was..........
Consumer Protection Act, 1986, Section 11 -- Jurisdiction - Deficiency in service - In a particular case may be incidental to deception, fraud and cheating - Determination of deception, fraud and cheating will not ordinarily be undertaken by the Consumer Forums - - Has to be determined before the Fora can reach the consequential issue of alleged deficiency in service -..........
Arbitration Act, 1940, Section 14, 17, 30, 33 -- Arbitration - Jurisdiction - Arbitrator acting on written submissions - Must confine himself to terms of submission - Claims entirely unrelated to transaction covered by contract or reference - To be excluded - If the Arbitrator travels outside bounds of contract, his action has to be treated as without jurisdiction - He..........
Arbitration Act, 1940, Section 14, 17, 30, 33 -- Arbitration - Award - Extra earthwork - When earthwork was an extra work as envisaged under Paragraph 32 of the contract agreement, in the absence of any rate mutually agreed upon, the arbitrator clearly stood vested with the jurisdiction to determine both the quantum of the extra earthwork as well as the rate at which the..........
Interest Act, 1978 -- Arbitration Act, 1940 - Award - Interest - Arbitrator has jurisdiction to award pre-reference interest as well as interest pendente lite...........
Civil Procedure Code, 1908, Section 9 -- The provision does not prohibit jurisdiction of Civil Court to entertain suit based on title...........
Bombay Revenue Jurisdiction Act, Section 11, Civil Procedure Code, 1908, Section 9 -- S.11 does not prohibit any private parties inter se to avail remedy of a suit provided under the Code of Civil Procedure, 1908 - S.9 CPC does not prohibit jurisdiction of Civil Court to entertain suit based on title...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Cheque - Dishonoured - Jurisdiction - Cheque issued drawn on Bank at place `S' - Cheque presented for collection at place `J' - Cheque dishonoured - Held, courts at place `J' has jurisdiction to try the offence...........
