S. 21 CPC | Objections To Place Of Suing Can't Be Allowed Unless Taken In Court Of First Instance At Earliest Opportunity: Supreme Court
1 day, 23 hours ago

S. 21 CPC | Objections To Place Of Suing Can't Be Allowed Unless Taken In Court Of First Instance At Earliest Opportunity: Supreme Court

Live Law  

The Supreme Court held that objections to jurisdiction under Section 21 of the Code of Civil Procedure, 1908, must be filed at the earliest, and no objection will be entertained at the belated stage unless injustice is caused. The bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was hearing the appeal filed against the Calcutta High Court's decision, which had set aside the National Company Law Tribunal's order rejecting a recall application challenging the admission of the appellant's insolvency petition under Section 7 of the Insolvency and Bankruptcy Code, 2016. The High Court set aside the NCLT's order rejecting the recall application. Setting aside the High Court's decision, the Supreme Court observed that the High Court erred in invoking its jurisdiction under Article 227 of the Constitution. The Court said the High Court's decision to set aside the NCLT order failed to appreciate these facts and did not adequately consider the limited jurisdiction under Article 227.

Kolkata Supreme Court Jurisdiction Constitution Application Order High Respondent No Nclt Cpc Adv Ibc Section 21 Opportunity Supreme Opportunity Supreme Court  high  opportunity  supreme  court  unless  taken  objections  mr  aside  order  jurisdiction  instance  application  kolkata  nclt  adv  s  place  suing

History of this topic

Arbitral Tribunals Exercising Power U/S 17 Not Strictly Bound By CPC: Calcutta High Court
2 years ago

Arbitral Tribunals Exercising Power U/S 17 Not Strictly Bound By CPC: Calcutta High Court

Live Law  

The Calcutta High Court has held that the arbitral tribunals while exercising powers under Section 17 of the A&C Act are not strictly bound by the technicalities of CPC. The bench of Justice Shekhar B. Saraf has extended the reasoning adopted by the Apex Court, in Essar House Private Limited v. Arcellor Mittal Nippon Steel India Limited, 2022 LiveLaw 765 …

Suit Cannot Be Rejected Partially Under Order VII Rule 11 Of CPC: Delhi High Court
2 years, 8 months ago

Suit Cannot Be Rejected Partially Under Order VII Rule 11 Of CPC: Delhi High Court

Live Law  

The Delhi High Court has observed that there cannot be a partial rejection of a suit under Order VII Rule 11 of Code of Civil Procedure. Justice Amit Bansal was dealing with two applications filed under Order VII Rule 10 and Order VII Rule 11 of the CPC in a trademark infringement suit. 1 had preferred the applications under Order …

Discover Related