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Showing posts with label
Exclusion of jurisdiction of civil court
.
Show all posts
Showing posts with label
Exclusion of jurisdiction of civil court
.
Show all posts
Wednesday, 25 December 2024
Gujarat HC: The civil court has jurisdiction to set aside mutation entry done in revenue record on the basis of unregistered oral sale
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Section 17 of the Indian Registration Act provides that if some tangible immovable property worth less than Rs. 100.00 (Rupees One Hundred o...
Saturday, 18 February 2023
Supreme Court: Ouster Of Civil Court's Jurisdiction Won't Have Retrospective Effect To Annul A Decree Validly Passed By Civil Court
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It is settled law that ouster of jurisdiction of civil court can be expressed or implied, but it cannot have retrospective effect annullin...
Saturday, 23 April 2022
How to ascertain jurisdiction of wakf tribunal to entertain a proceeding?
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No doubt, while deciding the jurisdiction of the forum to try and entertain the proceedings, the same requires to be decided on the basis...
Whether Wakf tribunal has jurisdiction to entertain a suit for grant of perpetual injunction U/S 38 of Specific relief Act?
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The very scheme under the Wakf Act, 1995, in terms of Sections 83 and 85 in particular needs to be considered. The legislature desire to...
Friday, 22 April 2022
Whether the wakf tribunal can entertain suit for declaration in respect of wakf property?
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Aforesaid provisions show that the powers of Civil Court are vested with the Wakf Tribunal. The provisions also show that the suit of the p...
Sunday, 3 November 2019
Supreme Court Judgment reiterating Constitution bench judgment on jurisdiction of civil court
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It has not been disputed that there is no express bar under the Act on the jurisdiction of the civil court to entertain a suit for d...
Tuesday, 2 July 2019
Leading Supreme Court judgment on exclusion of jurisdiction of civil court
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The result of this inquiry into the diverse views expressed in this Court may be stated as follows :- (1) Where the statute gives a fina...
Sunday, 29 December 2013
Execution of partition decree by collector-when civil court has jurisdiction to control action taken by collector?
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Having heard the learned Counsel for the petitioner, I find that the learned District Judge could not have dismissed the appeal on the ...
Tuesday, 22 October 2013
Jurisdiction of civil court in case of Maharashtra Employees of Private School
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The controversy in each such suit, therefore, has to be gone into on the above touchstone. We have seen from the pleadings in Civil Suit No...
Saturday, 22 September 2012
How to ascertain jurisdiction of civil court in cases relating to special tribunals?
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With the increase in the number of taxing statutes, welfare legislations and enactments to protect a class of citizens,a trend can be notic...
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