Civil Procedure Code, 1908, Section 20(c), Contract Act, 1872, Section 28 -- Jurisdiction - More than one Court having jurisdiction - Contract to vest jurisdiction in one of them - Not against public policy - Clause which does not contain words like `exclusive', `alone', `only' and the like does not oust jurisdiction of a competent Court - Where printed purchase order..........
Consumer Protection Act, 1986, Section 2(1)(a) -- Flat - Having structural defects - Compensation - Flat constructed by A.W.H.O. - Complaint dismissed by State Commission by holding that it had no jurisdiction against organisation - Order set aside - AWHO not rendering any service free of charge but is engaged in the systematic activity of construction of houses/flats for..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 16 -- If a part of claim.114 the suit is outside the jurisdiction of Court the plaintiff can be asked to amend the plaint by deleting the relief which is outside the jurisdiction, failing which the Court may strike off that part of the plaint and the plaintiff will have right to pursue..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- If a part of claim in a suit is dismissed for want of jurisdiction, it does not operate as res judicata or bar action U.O.2.R.2 as it is not a decision on merits...........
Civil Procedure Code, 1908, Order 23, Rule 1, 2 -- If a part of the claim in a suit is dismissed for want of jurisdiction or struck off U.O.6.R.16, leave of Court is not required to file a fresh suit in the Court of proper jurisdiction...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 2, 3, 4, 5, 6 -- Death of one of the respondents - Legal representatives and heirs of deceased respondent could not be brought on record due to mistake of Court - Party cannot be penalised for it - Court allowed substitution of L.R's by condoning delay - Held, such order not to be interfered with..........
Arbitration Act, 1940, Section 31(2), 33 -- Arbitration agreement - Existence or validity - Arbitrator has no power or jurisdiction to decide existence or validity of the agreement and it is for the Court to decide it finally...........
Arbitration Act, 1940, Section 2(a), Evidence Act, 1872, Section 115 -- Non existence of a valid arbitration agreement - Appellant nominated the arbitrator and submitted to its jurisdiction - Held, that acquiescence does not confer jurisdiction...........
Negotiable Instruments Act, 1881, Section 142(c) -- Pleading - Just because the complaint does not contain the averment that, that Court has jurisdiction, itself is not sufficient to hold that the complaint is liable to be rejected...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Jurisdiction - Agreement to sell - Non payment of the balance amount in time - Parties agreeing to cancel the agreement and refund the amount received - Three cheques issued - Presented at Amritsar and dishonoured - Jurisdiction of Court at Amritsar challenged an the plea that property is situated at Delhi, cheques were..........
