Cpc G. Surya Narayanan Mhc Advt: Order 21 rule 9, 97 to 101

[2/29, 10:48] Cpc G. Surya Narayanan Mhc Advt: Order 21 rule 9, 97 to 101

2012(2) SCJ 1003

C. Shakunthala & others vs H. P. Udayakumar & another

1st respondent set up title in execution petition after original tenant failing to vacate as per undertaking- 1st respondent with 2nd respondent filed another application opposing execution- contempt initiated for abuse of process of law- appeal challenging dismissal of contempt- prima facie conclusion charges to be framed as contempt made out cannot be ignored by co-ordinate bench

Order 41 rule 24

2012(2) SCJ 273

Divya Exports vs M/s.Shalimar Video Company & others

On appeal before apex court, parties did not get effective opportunity to lead evidence when high court framed issue as to validity of ex-B-1- matter remitted to trial court to frame additional issues after considering pleadings and decide suit afresh
[3/2, 16:29] Cpc G. Surya Narayanan Mhc Advt: Section 15 to 20

2012(3) SCJ 665

Kanwar Singh Saini vs High Court of Delhi

There is no dispute on settled legal proposition conferment of jurisdiction is a legislative function and not with consent of parties or by superior courts- finding of court or tribunal becomes irrelevant and unenforceable once the forum is found to have no jurisdiction- enforcement of a right under a statute only remedy for aggrieved person to get adjudicated under the act

Section 20

2012(3) SCJ 505

A. V. M . Sales Corporation vs m/s Anuradha Chemicals Pvt. Ltd

Parties can mutually agree to exclude jurisdiction of one such court where two court have jurisdiction pursuant to cause of action or part arising thereof- such agreement does not offend Section 23 of Contract Act- Suit lies in Court agreed upon