Court : Supreme Court of India
Reported in : 2009(2)AWC1135(SC); (2009)3SCC720
..... (2) or section 4, or adjudication of any other right arising out of consolidation proceedings and in regard to which a proceeding could or ought to have been taken under this act, shall be done in accordance with the provisions of this act and no civil or revenue court shall entertain any suit or proceeding with respect to rights in such land or with respect to any other matters for which a proceeding could or ought to have been taken under this act:provided that ..... to 1/4th share of her husband and she could execute a valid gift deed in favour of her daughters.the present legal position as it stands during pendency of the second appeal before the high court is that the civil court's decree declaring the gift deed as invalid has not attained finality because during pendency of proceedings under the consolidation act of 1953 had commenced and the jurisdiction of the ..... since it was a matter falling within the scope of adjudicatory functions assigned to the consolidation authorities under the act the jurisdiction of the civil court to entertain the suit in respect of the said matter was expressly barred by section 49 of the act and the suit of the appellant was rightly dismissed on that ground.the argument that revenue entry in the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(3)ALLMR(SC)1193; (2003)3CALLT44(SC); JT2003(3)SC338; (2003)2MLJ143(SC); 2003(3)SCALE446; (2003)6SCC151; [2003]3SCR90; 2003(2)LC914(SC)
..... the question which requires adjudication comes expressly within the purview of the bombay public trusts act and therefore the bar created by section 80 of the said act was applicable and the civil court had no jurisdiction to try the suit or to grant a decree in favour of the appellants and consequently the high court was perfectly correct in holding that the suit was barred by the ..... observed that it is necessary to bear in mind the important principle of construction which is that if a statute purports to exclude the ordinary jurisdiction of a civil court in must do so either by express terms or by the use of such terms as would necessarily lead to the inference of such exclusion. ..... speaking for the court held as under in para 13 of the reports:'under section 9 of the court of civil procedure, the courts shall have jurisdiction to try all suits of a (sic) nature excepting suits of which their cognizance is ..... the land annexed to it registered as public trust by moving an application to that effect under section 18 of the act before the assistant charity commissioner cannot in any manner oust the jurisdiction of the civil court in view of the allegations disclosed in the plaint and the relief claimed therein. ..... learned counsel for the appellants has submitted that bar of the jurisdiction of the civil court is created by section 80 of the act but the said provision has no application on the facts of the present case and therefore the view taken by the high court that the suit .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(3)ALT33(SC); 2009(3)AWC2419(SC); 2009(4)SCALE8; (2009)12SCC280; 2009AIRSCW2560
..... prabhakar, learned counsel appearing on behalf of the appellants would contend:(1) having regard to the fact that the civil court had held the property to be a wakf property and the first appellant to be muthavalli thereof, respondent no ..... under sub-section (1) and within the limitation prescribed under sub-section (2) of section 18 are conditions precedent for the land acquisition officer to make a reference under section 18; only on its receipt, under section 20 the civil court gets jurisdiction to issue notice and thereafter to conduct enquiry. ..... it derives its jurisdiction from the terms of reference.even otherwise a civil court can direct impleadment of a third party in a suit only in a case where he is a proper or necessary party and otherwise have an interest in the subject matter of the suit ..... such an application must be in writing and the reference to the civil court which may be prayed for before the collector would be in regard to his objection as regards measurement of land, the amount of compensation, the person to whom it is payable or the apportionment of the compensation amongst the persons interested ..... of the provisions of order i rule 10 of the code of civil procedure (the code) in a proceeding under section 18 of the land acquisition act, 1898 (the `act') is in question in this appeal which arises out of a judgment and order dated 8-11-2006 passed by a learned single judge of the madras high court, madurai bench, madurai in civil revision petition (p.d.) (m.d.) no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3450; 2003(3)ALLMR(SC)331; 2003(3)ALT41(SC); 2003(2)AWC1534(SC); 2003(2)BLJR1420; 2003(2)CTC760; I(2003)DMC627SC; [2004(1)JCR98(SC)]; JT2003(3)SC399; 2003(2)KLT243
..... medical examination of his order blood test or the like without his consent or against his wish tantamounts to interference with his fundamental right of life or liberty particularly even when there is no provision either in the code of civil procedure or the evidence act or any other law which may be said to authorize the court to compel a person to undergo such a medical test as blood group test or the like against his wish, and to create ..... provisions as to scientific tests (1) for sub-sections (1) and (2) of section 20 of the family law reform act, 1969 (power of court to require use of blood tests) there shall be substituted the following subsections - (1) in any civil proceedings in which the parentage of any person falls to be determined, the court may, either of its own motion or on an application by any party to the proceedings, give a direction - (a) for the use of scientific tests to ascertain ..... to point out that the question as to whether a person is mentally ill or not although may be a subject matter of litigation, the court having regard to the provisions contained in order 32 rule 15 of code of civil procedure, section 41 of the indian lunacy act as also for the purpose of judging his competence to examine as a witness may issue requisite directions. ..... furthermore, the court must be held to have the requisite power even under section 151 of code of civil procedure to issue such direction either suo motu or otherwise which, according to him, would lead to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IAD(SC)806; AIR1996SC1005; JT1996(1)SC476; 1996(4)KarLJ155; 1996(1)SCALE479; (1996)2SCC371; 1996(1)LC289(SC)
..... it was contended before the revenue court that the suit was barred under section 47 of the civil procedure code because the proper remedy was for the appellants to have executed the compromise decree which they had obtained in the earlier proceedings. ..... in second appeal, the high court has confirmed this conclusion holding that in view of the provisions of section 47 of the civil procedure code the suit was not maintainable.7. ..... the court, in a subsequent suit which was filed by kishundeo singh for khas possession, held that the suit was not barred by section 47 of the civil procedure code. ..... such litigation is not barred under section 47 of the civil procedure code. ..... the district court held that the suit under section 159 of the banaras tenancy act was barred under section 47 of the civil procedure code. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC1219; 84(1997)CLT663(SC); JT1997(1)SC505; 1997(1)SCALE327; (1998)9SCC28
..... the orders passed by the learned single judge in civil review no.7 of 1987 on 7th july 1987 and in miscellaneous case no. ..... the plaintiff by an application under order 21 rule 19 code of civil procedure (cpc) sought to get adjusted against the defendant's decretal claim his own decretal amount in the suit. ..... 9892 of 1995 are partly allowed as aforesaid while civil appeal arising out of s.l.p. (c) no. ..... 10881 of 1987 and civil appeal arising out of s.l.p. (c) no. ..... that takes us to the consideration of civil appeal arising out of s.l.p. (c) no. ..... 10001 of 1987 and civil appeal arising out of s.l.p. (c) no. ..... this order of the high court is made the subject-matter of appeal by the plaintiff in civil appeal arising out of s.l.p. (c) no. ..... the judgments rendered by the division bench dated 18th august 1989 and 28th october 1994 are brought in challenge by the defendant in civil appeal arising out of s.l.p. (c) no. ..... the plaintiff filed a civil suit in 1961 in the court of first additional subordinate judge, cuttack against the defendant for realisation of rs. ..... in the result civil appeal arising out of s.l.p. (c) no. ..... consequently civil appeal arising out of s.l.p. (c) no. ..... the plaintiff carried the matter in revision being civil revision no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC2093; 2004(3)ALD126(SC); 98(2004)CLT98(SC); 110(2004)DLT649(SC); 2004(75)DRJ113; JT2004(4)SC25; JT2004(Suppl1)SC528; (2004)138PLR301; RLW2004(2)SC210; 2004(4)SCALE
..... 4212/95 having become infructuous with the eclipse of cause of action mentioned in the said plaint the court ought to have dismissed or disposed of the said suit as contemplated under the various provisions of the civil procedure code like order 7 rule 11, order 12 rule 6, order 15 rules 1 and 2 and order 23 rule 1. ..... 4212/95 pending in the court of city civil court at chennai is dismissed as having become infructuous. ..... these two civil appeals arise out of a common order made by the high court of madras at chennai in civil revision petition (p.d.) no. ..... 4212/95 in the city civil court at madras (the trial court). ..... by the above order, the high court upheld an order made by the city civil court at chennai in i.a.no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2392; 2005(3)ALT49(SC); 2005(2)ESC272; JT2005(4)SC472; (2005)3MLJ65(SC); (2005)10SCC51
..... of the right or liability and further lays down that all questions about the said right and liability shall be determined by the tribunals so constituted, and whether remedies normally associated with actions in civil courts are prescribed by the said statute or not(c) challenge to the provisions of the particular act as ultra vires cannot be brought before tribunals constituted under that act. ..... questions of the correctness of the assessment, apart from its constitutionality, are for the decision of the authorities and a civil suit does not he if the orders of the authorities are declared to be final or there is an express prohibition in the ..... it was submitted that section 53a of the act being- an exception to section 53 thereof the civil court had the necessary jurisdiction to determine the issue as to whether the plaintiffs or the defendants were the educational agencies in terms of the provisions of the said act.res judicata :17. ..... in any event, if such a dispute within the contemplation of section 53a has to be decided by a civil court, it will not attract the bar under section 53 which applies only to a question which is required to be dealt with or decided by any authority or officer mentioned in the ..... the object and purport of principle of res judicata as contended in section 11 of the code of civil procedure is to uphold the rule of conclusiveness of judgment, as to the points decided earlier of fact, or of law, or of fact and law, in every subsequent suit between the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1756; 1993(2)ALT29(SC); (1993)95BOMLR492; JT1993(2)SC723; 1993(2)SCALE480; (1993)3SCC123; [1993]2SCR1015
..... whether the tenancy of any deemed tenant is legally terminated and if no, whether the tenant evicted from the land held by him as such is entitled to restoration of possession?the jurisdiction of the civil court is specifically barred by sub-section (2) of section 58 from settling, deciding or dealing with any question which is by or under the act required to be settled, decided and dealt ..... hold that in a suit filed against the defendant on the footing that he is a trespasser if he raises the plea that he is a tenant or a protected tenant, the civil court would have no jurisdiction to deal with that plea we would, however, like to add that in all such cases where the civil court cannot entertain the plea and accepts the objection that it has no jurisdiction to try it, it should not proceed to dismiss the suit straightaway ..... the question whether the fifth amendment is prospective or retrospective really recedes in the background if we examine the question from the angle whether the civil court can decide any question falling within the jurisdiction of the special forum under the act in a pending litigation in the absence of ..... recommendation, the bombay legislature introduced section 85a which provided that if in any suit instituted in a civil court issues which are required to be settled, decided and dealt with by any authority competent to settle, decide and deal with the same arises, the civil court shall stay the suit and refer such issues to such competent authority for determination under .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2227; 2005(5)ALLMR(SC)535; 2005(2)AWC1355a(SC); 100(2005)CLT439(SC); 2005(3)CTC143; [2005(2)JCR248(SC)]; JT2005(11)SC379; (2005)3SCC734
s.b. sinha, j.1. this appeal is directed against the judgment and order dated 13.10.1999 passed by a division bench of the madras high court in writ petition no. 15089 of 1998 whereby and whereunder the writ petition filed by swami bodhananda had been allowed. the said writ petition was filed for issuance of a writ of or in the nature of mandamus directing the respondents therein to give all assistance to the appellant in taking over management of the institutions specified therein. the said writ petition was filed having regard to the judgment of the civil court.2. a decree passed by the civil court must be executed in terms of the provisions contained in the code of civil procedure. the writ petition is not the appropriate remedy therefore. in that view of the matter, the impugned judgment cannot be sustained, which is set aside accordingly. the appeal is allowed. it, however, goes without saying that the first respondent herein shall be entitled to execute the decree in accordance with law.
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