Vijay Sharma Vs Sheetal Sharma and Anr
.... uit as ultimately determined.” (emphasis supplied) 18. The Court in Kiran Singh case [Kiran Singh v. Chaman Paswan, AIR 1954 SC 340] disallowed the objection to jurisdiction on the ground that no objection was raised at the first instance and that the party filing the suit was precl ...
High Court Of Himachal Pradesh
Ashok Kumar Vs Sankarankutty Pillai
.... p; Ors., 1990(1) KLT 774). 9. The next contention of the defendant is that the cheque was issued only as a security and hence could not have been presented for payment. The very fact that the cheque was issued as security by itself imply that, in the event of non-payment, the security is li ...
High Court Of Kerala
M/S Birla Corporation Ltd Vs M/S Atal Stores And Anr
.... lication raising point of jurisdiction was filed in the year 2005 and admittedly such application was abandoned by not pressing it and re-agitated the same after lapse of 10 years and allowed the suit to proceed to the stage of settlement of issue and taking steps under Order 16 of the Code of C ...
Gauhati High Court
Braja Kishore Mohanty & Others Vs Nilachal Saraswat Sangha & Others
.... at the issue involved in the present suit between the parties being directly and substantially in issue in the suit out of which the second appeal was preferred before the High Court between the same parties, the judgment passed in the second appeal would operate as res judicata between the part ...
Orissa High Court
Chairman And Managing Director, Bank Of Maharashtra And Others Vs Kishore And Others
.... . Such an objection of territorial jurisdiction could have been raised at the earliest possible opportunity and a consequent failure of justice ought to have been demonstrated, for the Appellate Authority to have considered the question of territorial jurisdiction. No error can be attributed to ...
Bombay High Court (Nagpur Bench)
Tara Prasad Sonkar And Another Vs Binod Devi And 4 Others
.... efore the District Court but to the High Court, hence, the judgment of the District Judge in appeal should be ignored. The appeal in the High Court be treated as first appeal. It was contended that appellant has been prejudiced in the above manner. Rejecting the above submissions, this court lai ...
Allahabad High Court
Ajay Dubey Vs Annapurna
.... ge of Section 13B(1). It states that “…a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together…..” (emphasis supplied) and Section 13B(2) states “On the motion of both the parties made not earlier than six mo ...
Delhi High Court
Bina Garg And Another Vs Sushil Kumar And Others
.... ry on the part of the appellate court to pose unto itself the right question viz. whether the first respondent has been able to show sufferance of any prejudice. If it has not suffered any prejudice or otherwise no failure of justice had occurred, the High Court should not have entertained the a ...
High Court Of Punjab And Haryana At Chandigarh
Nusli Neville Wadia Vs Ivory Properties & Ors
.... nal had jurisdiction to enter on the enquiry it has done or failed to do something in the course of the enquiry which is of such a nature that its decision is a nullity. It may have given its decision in bad faith. It may have made a decision which it had no power to make. It may have failed in ...
Supreme Court Of India
Moolchand Jain And Ors Vs Rajendra Kumar Jain And Ors
.... ;रिये राशि जमा नहीं करवायी हैं , वरन दावाकृत राशि शे ...
Rajasthan High Court
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