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exclusive jurisdiction to order eviction Civil Court inherently lacks jurisdiction to entertain suit for eviction. Code of Civil Procedure ... goes to the root of its exercise of jurisdiction, lacks inherent jurisdiction. It is a coram non judice. A decree
Supreme Court of India
- Cites 32 - Cited by 92 -
1989 SCR
complete nullity and as the Court lacked inherent jurisdiction to pass such a decree, the same was not executable ... jurisdiction. When the Court does not lack inherent jurisdiction, the decree passed by such a Court in the exercise
Gujarat High Court
- Cites 21 - Cited by 5 -
(1969) 10 GLR 431
- J Mehta
section 2 thereof. The Small Causes Court lacked inherent jurisdiction to entertain and try a suit pertaining to the premises ... Provincial Small Causes Court Act was not lacking in inherent jurisdiction while it decreed the suit. He invited my attention
Bombay High Court
- Cites 14 - Cited by 2
order passed by the trial Court was without jurisdiction, it was a nullity and was not required ... that it cannot be said that there was inherent lack of jurisdiction in the trial Court in passing the order
Gujarat High Court
- Cites 12 - Cited by 0 -
(1967) 8 GLR 986
- N Shelat
Arbitration then in that case, there was an inherent lack of jurisdiction, and as a result of this inherent lack ... purposes of considering whether there was any inherent lack of jurisdiction, the Court must go into the question
Bombay High Court
- Cites 13 - Cited by 0 -
1993 (1) BomCR 279
- S Variava
section (1) of the SICA there was inherent lack of jurisdiction on the part of this court in proceeding with ... present case. By reason thereof the court lacks inherent jurisdiction to proceed with the suit. As such a decree, passed
Calcutta High Court
- Cites 24 - Cited by 0 -
2002 110 CompCas 661 Cal
- D K Seth
goes to the root of its exercise or jurisdiction, lacks inherent jurisdiction. It is a coram non judice. A decree ... case of decree of nullity. If the Court inherently lacks jurisdiction consent cannot confer jurisdiction. Where certain statutory rights
Bombay High Court
- Cites 22 - Cited by 0 -
AIR 1993 Bom 304
inherent jurisdiction and not merely of an erroneous exercise within its jurisdiction and a Court which otherwise has jurisdiction ... inherent jurisdiction and not one merely of an erroneous exercise within its jurisdiction. A Court, which otherwise has jurisdiction
Madras High Court
- Cites 17 - Cited by 0
ground that same was passed by a court lacking inherent jurisdiction and therefore inexecutable? Property No. 212/IX, Chawri Bazar ... having been passed by a court lacking inherent jurisdiction. But according to him to the decrees passed prior
Supreme Court of India
- Cites 15 - Cited by 32 - Bhan
evidence and appreciate it on a Court which lacks inherent jurisdiction. Art. 136 of the Constitution of India--Intervention ... held inapplicable. 8. If the Court lacks inherent jurisdiction, no amount of consent can confer jurisdiction. The failure
Supreme Court of India
- Cites 21 - Cited by 17 -
1978 AIR 1062
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