Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to jurisdiction of Court - Issue of jurisdiction was decided by trial Court and also by Appellate Court - Executing Court is not expected to decide the same issue again while executing the decree - Objection rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - On the ground of jurisdiction - In the instant case, parties by consent have conferred exclusivity of jurisdiction upon a Court within whose territorial limits, a part of cause of action arose therefore, petition U.O.7.R.11(d) CPC is not maintainable...........
Presidency Small Cause Courts Act, 1882, Section 41, Civil Procedure Code, 1908, Section 9 -- Dispute between landlord and tenant - Jurisdiction of civil Court - Whether it is suit between licensor and licensee or between landlord and tenant, such types of suits fall u/s 41 of Small Causes Courts Act - Civil Court thus, has no jurisdiction over such cases...........
Delhi Co-operatives Society Act, 2003, Section 70, 74, 91 -- Transfer of property by allottee to a no, member of society - Validity - Allotment made by Society as freehold land to its members, who has further transferred/sold subject land/plot by registered sale deed to its successors/purchasers - Their right to become member of society are indeed saved u/s 91 of the Act -..........
Madhya Pradesh Rajya Suraksha Adhiniyam, 1991, Section 3, 4, 5, 6, 18 - - Externment order - Delegation of power by District Magistrate to Additional District Magistrate - State Government issued notification u/s 13 of the Act delegating power of District Magistrate to Additional District Magistrate - Said Notification is not under challenge in writ petition - High Court..........
Registration Act, 1908, Section 33, 17 -- Power of attorney - Property situated outside jurisdiction of concerned Sub Registrar - Principal can register a power of attorney at a place where he resides...........
Service -- Writ jurisdiction - Enforcement of personal contractual rights - No writ lies at the instance of any employee or employer for claiming enforcement of any personal contractual rights inter se the employee and his employer. (Constitution of India, 1950, Art.32)...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioner was named in the complaint but challan was not presented against her - Magistrate after considering the matter entirely and placing reliance upon statement of complainant on oath summoned petitioner as an additional accused - Nothing on record that Magistrate exercised jurisdiction..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Eviction order against son - Jurisdiction of Additional District Magistrate - Delegation of power by District Magistrate - Appellant/son failed to assert that no such delegation was made by District Magistrate to Additional District Magistrate to pass eviction order - In the absence of any..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(3) -- Eviction petition - Assessment of provisional rent - Remand of case Appellate Authority remitted case to Rent Controller for assessment of provisional rent afresh by taking into account documents discussed in order - If Appellate Authority was of view of that documents which are a part of records of..........
