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...which cannot be cured by appearance of the parties, even if there was no protest or even if there was a consent of Jala Nigam, since consent cannot confer jurisdiction and, therefore, the impugned award...contention, on the facts and circumstances of this case, that clause 29 of the contract (agreement) is not an arbitration clause and due to want of jurisdiction of the Arbitral Tribunal to adjudicate upon...progress of the work or after the completion, termination or abandonment thereof the dispute shall, in the first place, be referred to the Chief Engineer who has jurisdiction over the work specified in the...
...the subject of this appeal. The appellant is not disentitled to any relief on the grounds of res judicata or estoppel or waiver. As one cannot confer jurisdiction by consent similarly one cannot by...before the Rent Controller cannot be pleaded as res judicata because the Rent Controller would have no jurisdiction to try and decide not only a particular matter in the suit but also the subsequent suit...dismissing the suit in Lachoo Mal case. Lachoo Mal case has no application to the present case which raises the question as to whether the appellant has waived the jurisdiction of the Court to entertain the...
...the dispute for arbitration of dispute in the pending probate proceedings, but consent cannot confer jurisdiction nor an estoppel against statute. The other legatees in the will were not parties to...try a case could only be conferred by law enacted by the legislature. The Supreme Court could not confer jurisdiction if it does not exist in law. Ray, J. held that the Court cannot confer a...wrong. Thus this Court laid down as an authoritative proposition of law that the jurisdiction could be conferred by statute and this Court cannot confer jurisdiction or an authority on a tribunal. In...
...their consent may limit the jurisdiction to one of the two courts. But by an agreement parties cannot confer jurisdiction on a court which otherwise does not have jurisdiction to deal with a matter...without specifying as to where the head office was. In view of the vague indication it cannot be said that the parties by agreement excluded the jurisdiction of one of the courts. It is, therefore, not...Barnala had jurisdiction to try the suit filed by Respondent 1 United India Insurance Co. Ltd. (hereinafter referred to as “Plaintiff 1”) and Malwa Cotton Spinning Mills Ltd. (hereinafter referred to...
...cause of action to confer jurisdiction under Article 226 of the Constitution. Since no cause of action accrued in Uttar Pradesh, merely because the award of the Industrial Court was served on him in Uttar ...jurisdiction on this Court.
3. For the reasons given above, this writ petition fails and is dismissed. However, liberty is...
...jurisdiction, consent or silence cannot confer jurisdiction. The law is perfectly clear that there was no appeal in this case.4. The decision in appeal must, therefore, be set aside and the...now taken is that as the Munsif had the powers of a Small Cause Court Judge and as this was a suit of a small cause nature, it must be taken to have been tried as a small cause because the jurisdiction...
...Management Committee. The Division Bench also pointed out that the consent order passed by the High Court in C.W.J.C. NO.10698 of 1994 cannot confer jurisdiction on this Court and...
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No(s). 10003 OF 2010 TRIGUN CHAND THAKUR Appellant(s)
VERSUS
STATE OF...privately managed school, even though financially aided by the State Government or the Board, cannot maintain a writ petition against an order of termination from service passed by the...
...of the Corporation subjecting itself to the jurisdiction of the ESI Court would confer jurisdiction upon the ESI Court to determine the question of exemption from the operation of the Act. By consent, the parties ...the scheme of the statute, the High Court, in our view, cannot confer jurisdiction upon the ESI Court to determine the issue of exemption. The ESI Corporation, of course, did not raise any objection and...conferred only in accordance with the statute and neither the order of the High Court nor the consent of the parties can confer the jurisdiction in the ESI Court.6. We have...
...an agreement cannot confer jurisdiction on the Corporation to proceed against the guarantor under Section 29 of the State Financial Corporations Act, 1951 (for short ‘the Act’) because the...jurisdiction under the aforesaid provisions of law can be exercised only against an industrial concern. Challenge in the present writ petition is to the proceedings initiated by the Corporation against the...petitioner who is a guarantor under Section 29 of the Act. Therefore, order dated 12.04.2005 (P-10) which is subject matter of challenge in the instant petition cannot be sustained nor...
...available to the petitioner is to file an
application for modification of the order passed in
the Public Interest Litigation as it is his contention
that a Court cannot confer jurisdiction where none...
...that section 151 cannot confer jurisdiction on the Court to do what is prohibited by positive law. Section 152 refers merely to clerical or arithmetical error and it is of no assistance in the present...case. In my opinion, therefore, the learned Subordinate Judge had no jurisdiction to alter the order of his predecessor in the way he has done.It was further argued however, on behalf...
...residence with his wife in the territories of India. It cannot obviously mean his residing with her in a foreign country, for an Act cannot confer jurisdiction on a foreign court. It would, therefore...whereof cannot ordinarily be questioned in a revision petition in the High Court. That is why the only question argued before the High Court, was that of jurisdiction. As we have held that the view...appellant filed a petition under Section 488 of the Code of Criminal Procedure in the Court of the First Class Magistrate; Ludhiana, within whose jurisdiction the respondent was staying at that time. The...
...jurisdiction, parties by consent cannot confer jurisdiction on it. The counsel also submitted that this is not a case in which two or more courts have jurisdiction and parties have agreed to ...Court had jurisdiction, it cannot take away the right of the defendants to challenge the jurisdiction of the court nor can it confer jurisdiction on the Delhi Court, which it did not possess. Since...cannot give an effective judgment. The proviso to Section 16, no doubt, states that though the court cannot, in case of immovable property situate beyond jurisdiction, grant a relief in rem still it...
.... His contention is that consent of the parties cannot confer jurisdiction to the court to try the suit. He relied on AIR 1954 SC 340..., Kiran Singh v. Chaman Paswan. The Authority of the Supreme Court is clear on the point that consent of the party cannot confer jurisdiction on the court to t...issues, issues Nos. 9 and 10 were decided by the court below which related to the question whether by allowing the amendment in the valuation clause of the plaint the pecuniary jurisdiction of the...
...cannot confer jurisdiction to scrutinise the order passed by such Tribunal in any Appeal preferred against the decision of the original Tribunal, over which this Court has no power of superintendence...confer jurisdiction to scrutinise the order passed by such Tribunal in any Appeal preferred against the decision of the original Tribunal, over which this Court has no power of superintendence...make subordinate legislation or issue a notification would confer power or jurisdiction on the High Court or a Bench of the High Court to entertain a Petition under Article 226 of...
...submitted that the consent order passed by this court in CWJC No. 10698 of 1994 cannot confer jurisdiction on this court.10. We have perused materials on the record and considered the...confer jurisdiction on this court and does not make the Managing Committee ‘State’ within the meaning of Article 12 of the...State Government or its functionaries or the Bihar Sanskrit Shiksha Board have no jurisdiction over their disciplinary matters. It has very limited jurisdiction of ensuring that qualified persons are...
...considered view that even if, any objection was not raised before the learned single Judge, waiver or consent cannot confer Jurisdiction. Even a superior Court cannot confer Jurisdiction when ther...raised before the learned single Judge, and the matter proceeded and decided. He submits that consequently such an argument cannot be raised in the writ appeal.
5. We have...
...in the particular year or not. Merely because the assessee wrongly included the income in its return for a particular year, it cannot confer jurisdiction on the department to tax that income in that..., 1957, by the compromise effected in the matter.10. In our opinion, on the facts as they stand, it cannot be said that merely because an injunction had been issued, so far as the companies..., however, the members themselves chose not to take them, it cannot be said on that ground that the dividend was not available to them. Since the dividend had been declared on the 16th of January, 1952, and...
...doctrine of res judicata does not apply to a case of decree of nullity. If the court inherently lacks jurisdiction consent cannot confer jurisdiction. Where certain statutory rights in a welfare legislation...Section 21 of CPC; and on such premise it was held that the decree of the District Court could not be treated to be a nullity and person who invoked the jurisdiction cannot plead prejudice to himself by...:“Parties cannot by agreement give the courts jurisdiction which the legislature has enacted they are not to have....the court cannot give...
...revise petitioner's building tax assessment based on a belated revision petition filed against assessment. If the revision filed is time barred, then of course this court cannot confer jurisdiction on...