H. S. THANGKHIEW
Amos Dkhar – Appellant
Versus
Donush Siangshai – Respondent
JUDGMENT
H.S. Thangkhiew, J. - The instant appeals involving similar facts and a common question of law, for the sake of convenience are being disposed of by this common judgment and order.
2. The brief facts leading upto the present miscellaneous appeals are that the Respondent as Plaintiff had instituted two suits against the appellants herein, being T.S. No. 52 of 2017 and T.S. No. 53 of 2017 (since renumbered) in 2015. The appellants during the pendency of the suits had filed applications under Order 7 Rule 11 of the CPC, and the learned Trial Court vide order dated 11.02.2022, rejected the plaints of the Respondent/Plaintiff, on the ground that the Court had no jurisdiction to try the suits. This Court at that point of time, was then approached by the respondent by way of a Revision Application being CRP No. 7 of 2022, which was disposed of by order dated 06.06.2022, with a liberty given to the respondent herein, to file an appeal before the Judge, District Council Court. The respondent then preferred two miscellaneous appeals being MCA No. 10 and 11 respectively of 2022, before the Court of the Judge, District Council Court, who then by order dated 09.05.2023, allowed the appea
Jurisdiction of District Council Courts is limited to parties belonging to the same district council, as per the Sixth Schedule of the Constitution.
Any case which at any stage after the Deputy Commissioner or Assistant to him has taken cognizance of, transpires to be so triable shall have to be transferred to the competent court of the District ....
Inevitably leads to conclusion that all such criminal cases are triable by courts constituted under Para 4 of Schedule VI, irrespective of fact that de jure complainant is State, as long as both accu....
The central legal point established in the judgment is the determination of jurisdiction based on the location of the suit property and the applicability of The Khasi Hills Autonomous District (Admin....
The main legal point established in the judgment is the competence of the Judge, District Council Court to exercise original jurisdiction in the trial of a Title Suit as provided by the Rules of 1953....
The Fast Track Court lacked jurisdiction to try the case, rendering its proceedings invalid; the District Council Court's reliance on those proceedings constituted a jurisdictional error.
A Title Suit filed without jurisdiction cannot lead to valid execution; the doctrine of lis pendens binds subsequent purchasers to existing litigation outcomes.
Rejection of Plaint - Without taking formal judicial cognizance of the same, it is expected that District Authorities as also Executive Committee, GHADC take all steps necessary to ensure that functi....
The court ruled that the learned District Judge exceeded its jurisdiction by setting aside a village authority's decision and allowing a fresh plaint, which constituted a new suit.
The main legal point established in the judgment is that Civil Courts have no jurisdiction to entertain suits relating to properties in Scheduled Areas as per G.O.Ms.No.1573.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.