....7. It is well settled that jurisdiction goes to the root of the matter and any order passed without jurisdiction is nullity. It is also well settled that the ...case of Committee of Management Shri Jawahar Inter College v. State of U.P in Special Appeal No. 164 of 2012 decided on 25.1.2012, held that the order without jurisdiction is a nullity. In...both the parties. The second part of the order, in my considered opinion, is without jurisdiction, as the Joint Director of Consolidation cannot travel beyond the scope of Rule 65(2...

...Tehsildar was having no jurisdiction to decide the case on 13.7.2011 and even if the order was passed on merit that order will be an order without jurisdiction. It is settled that an order without ...the Gaon Sabha.Learned counsel for the petitioner is permitted to add Naib Tehsildar, Harora, Saharanpur and Sub Divisional Magistrate, Saharanpur as respondent nos. 6 and 7 in the...array of parties. He is directed to serve three copies of the writ petition to the learned standing counsel.It is submitted that an application under section 34 of the...

...did not take the objection. But according to him question of jurisdiction is such which goes to the root of the case. Any decision rendered without jurisdiction is nullity and can be canvassed...for over 23 months. According to the counsel for appellant as per 3 members bench decision of National Commission in Amrish Shukla, it is the total value of the flat booked which is to be considered...for the purpose of pecuniary jurisdiction and not the value of deficiency in service. That being so the complaint was beyond the pecuniary jurisdiction of the District Forum. 3...

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...aforesaid case nothing has been left to be discussed. It is well settled proposition of law that judgement without jurisdiction is nullity. Reference to this effect can be made to the opinion of Hon'ble...:- "Accordingly, we hereby direct the respondent to deduct Rs.22181/- from Rs.33470/- and for the balance amount, it is directed to the respondent to issue fresh bill to the complainant.... & Ors. Vs. Anis Ahmad decided on 01.07.2013. 8. This argument is of no avail. In U.P. Power Corporation Limited (supra) Hon'ble Supreme Court has...

...competent to adjudicate upon the dispute because judgment without jurisdiction is nullity as per opinion of Honble Supreme Court in Jagmittar...without his consent. Lateron those shares were sold for Rs.891.85 per share causing loss of Rs.53,153/- to him. He asked OPs to give reason for selling the shares without his direction and...22.10.2007 amount of Rs.1,05,600/- was blocked in his account towards Initial Margin requirements of his open position in said contract. The shares were not sold without his consent. His allocation...

...Act, the decree is rendered without jurisdiction and hence a nullity and is not available for execution. The objection was overruled by the executing court and such dismissal of the objection to the...be dismissed.6. What is “void” has to be clearly understood. A decree can be said to be without jurisdiction, and hence a nullity, if the court passing the decree has...amount to branding the decree as “without jurisdiction” or “a nullity”. The plea which is sought to be urged in the execution proceedings was available to be raised by the tenants before the High Court...

...without jurisdiction, is nullity and void. Thus, the trial for the other offence is without jurisdiction when the Special Judge convicts the accused for such an offence by the same judgme...prosecution of the accused and in absence of valid sanction, the entire prosecution is illegal and the Court has no jurisdiction to try the case. He further submits that if the prosecution under the...N.K Das, J.:— The respondent in the Government Appeal and the appellant in the Criminal Appeal is the same person. For the sake of convenience he is referred to as ‘accused’. The accused...

...the settled legal proposition that any order passed by any Court without jurisdiction is nullity and such order remains inexecutable and unenforceable.5. Jurisdiction to deal with a case...Bank, Ltd. v. Their workmen. In Kesar Singh v. Sadhu [(1996) 7 SCC 711]), the Apex Court held that a decree without jurisdiction is a nullity and...competence to correct/modify amend/alter the terms of the reference or correct the name or the date of termination, etc. and in case it does so, the award becomes nullity, being without jurisdiction, based on the bad refere...

...all maintainable and the order passed by the Additional Commissioner (1st) Varanasi Division Varanasi is without jurisdiction. It is settled that any order without jurisdiction is ...counsel for the petitioner contends that pending appeal, no revision could be filed and order passed by the Additional Commissioner dated 13.1.2015 is without jurisdiction...respondents no. 5 and 6. With the consent of learned counsel for the parties, this writ petition is taken up for final disposal. This writ petition has been filed for...

...petitioner has made a specific statement that instead of respondent no.2, the Superintending Engineer (respondent no. 4) without jurisdiction passed the order rejecting the claim of the petitioner for the aforesaid period i.e. from ...claim the petitioner submits that rejection of his claim for aforesaid period has penal consequences and the order contained in 'Annexure-5' is without jurisdiction is nullity. No specific reasons have...Superintending Engineer (Respondent No.4) without jurisdiction sat over the matter and passed order contained in Memo No. 1375 dated 02.07.2005 which is void ab initio and do not have a legal...

...complainant was not consumer District Forum was not supposed to adjudicate upon this dispute because judgement without jurisdiction is nullity as opined by Hon'ble Supreme Court in...Authority Vs. Vipan Kumar Kohli (supra) opined that judgement without jurisdiction is nullity. If District Forum find on the basis of the evidence produced on the file then it is having...thereafter decide whether complainant was consumer or not and the same was having jurisdiction or not. Instead of deciding that question learned District Forum straightway decided the matter. When there is...

...without jurisdiction is nullity as opined by Hon'ble Supreme Court in Jagmittar Sain Bhagat Vs. Director, Health Services, Haryana and others...) and Hon'ble National Commission in Haryana Urban Development Authority Vs. Vipan Kumar Kohli (supra) opined that judgement without jurisdiction is nullity. If District Forum find on...accepted because vide order dated 05.05.2015 it was opined that without any evidence opinion cannot be formed to this effect. Relevant para No.8 of that order is reproduced as under...

...complainant was not consumer District Forum was not supposed to adjudicate upon this dispute because judgement without jurisdiction is nullity as opined by Hon'ble Supreme Court in...Authority Vs. Vipan Kumar Kohli (supra) opined that judgement without jurisdiction is nullity. If District Forum find on the basis of the evidence produced on the file then it is having...thereafter decide whether complainant was consumer or not and the same was having jurisdiction or not. Instead of deciding that question learned District Forum straightway decided the matter. When there is...

...without jurisdiction is nullity as opined by Hon'ble Supreme Court in Jagmittar Sain Bhagat Vs. Director, Health Services, Haryana and others...) and Hon'ble National Commission in Haryana Urban Development Authority Vs. Vipan Kumar Kohli (supra) opined that judgement without jurisdiction is nullity. If District Forum find on...accepted because vide order dated 05.05.2015 it was opined that without any evidence opinion cannot be formed to this effect. Relevant para No.8 of that order is reproduced as under...

...Commission in Revision Petition No.317 of 1994 titled as Haryana Urban Development Authority Vs. Vipan Kumar Kohli decided on 19.01.1995 opined that judgement without jurisdiction is nullity. Resul...concerned cannot be considered as consumer and consumer fora cannot adjudicate upon the dispute. When consumer forum is not having jurisdiction, it is not supposed to give findings on merits. Hon'ble.... O R D E R R.K.BISHNOI, JUDICIAL MEMBER :- It is alleged by complainant that she was allotted commercial space measuring...

...jurisdiction, it is not supposed to give findings on the merits because judgements without jurisdiction is nullity as opined by as opined by Honble National Commission expressed in Revision Petiti...jurisdiction to try this complaint. 5. This argument is devoid of any force. From the perusal of invoice Ex.C-1, it is clear that this machine was handed over to complainant at Delhi...section 17 of Consumer Protection Act, 1986 (In short Act) a complaint can be filed within whose jurisdiction, cause of action has accrued or the O.P. ...

...further held that an order passed without jurisdiction is nullity and its validity can be questioned whenever and wherever it is sought to be enforced and any argument contrary to it is wholly rep...is submitted by the learned counsel for the petitioner that the order impugned passed by the Election Tribunal is without jurisdiction and deserves to be quashed.6. The aforesaid...order passed by the Election Tribunal.5. It is urged by Shri P.S Sharma, the learned counsel for the petitioner that the Election Tribunal hearing the petition has no jurisdiction...

...this commission. When this commission is not having pecuniary jurisdiction to adjudicate upon this matter, it is not supposed to go into the merits of the case because judgement without jurisdiction .... 2. O.ps. have filed reply controverting his averments and alleged that this commission is not having pecuniary jurisdiction to try this complaint. There is no deficiency in service on their...pecuniary jurisdiction, amount sought to be refunded is to be taken into consideration. Value of flat is of no relevance as per opinion of Honble National commission in Consumer case No.97 of 2016 titled...

...the case because judgement without jurisdiction is nullity as opined by Hon'ble National Commission in Revision Petition No.317 of 1994 titled as Haryana Urban Development Authority Vs. Vipan...and the other amount, claimed as compensation, cannot be taken into consideration for the purpose of pecuniary jurisdiction. Only the actual compensation claimed due to loss is to be taken into...pecuniary jurisdiction. In Issue No.2 pertaining to Reference Dated 11.08.2016 it is specifically opined that interest claimed is also to be taken for the purpose of pecuniary jurisdiction, which is as...