Civil Procedure Code, 1908, Order 7, Rule 11, 13 -- Territorial jurisdiction - Lack of - Not a ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11, 13 -- Territorial jurisdiction - Lack of - Return of plaint - Remedy against - Held, the only remedy is to challenge this order passed in an appeal O.43.R.1(a) of the Code...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of lack of pecuniary jurisdiction - Plaint not liable to be rejected...........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Constitution of India, 1950, Article 226 -- Civil Court vested with the power U.O.39.R.2-A and S.151 CPC not only to punish for contempt, but also to set right the wrong - It can order demolition of construction raised in violation of its order - In execution of such order it can direct police to act - However, this remedy is..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Transfer of Property Act, 1882, Section 100, Civil Procedure Code, 1908, Section 16 -- Maintenance - Charge - Creation of charge when none of the plaint schedule properties are within the limits of the Court - Court has no jurisdiction to grant such charge over properties situated outside its territorial jurisdiction...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment - Principles relating to appointment of a Receiver are : (1) The object of appointing a Receiver is to preserve the subject matter of litigation pending decision of the case; (2) Court has the discretion to appoint Receiver when it appears to the court to be just and convenient to do so; (3) The..........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - When a case or any part thereof may be disposed of on an issue of law only, Court may try that issue first, if that issue relates to : (a) jurisdiction of the Court; or (b) a bar to the suit created by any law for the time being in force...........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Order 1, Rule 9 -- Provisions of CPC are not applicable in writ jurisdiction but the principles enshrined therein are applicable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Regularization - The findings of the Trial Court given on the basis of law laid down by the Full Bench of High Court in Piara Singh's case - The right of regularization on completion of 240 days service has not been approved by the Hon'ble Supreme Court - Second appeal of the appellant liable to be dismissed..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Power of court - Held, court has power and jurisdiction to make an order for production of documents at any time during pendency of any suit - Such an order can be made only if two pre-conditions are satisfied, namely, that the documents must be in possession or power of the party against whom order..........
