What is Section 20c?
(c)The cause of action, wholly or in part, arises. 1**** * 2. [Explanation]. — A corporation shall be deemed to carry on business at its sole or principal office in 3 [India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.
What is territorial jurisdiction in India?
Territorial jurisdiction refers to power of the court to inquire and proceed with the trial of matter that is presented before it.
What is a permissive party?
(a) Permissive Joinder. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiff’s according to their respective rights to relief, and against one or more defendants according to their respective liabilities.
What does Joinder of parties mean?
Joinder of parties is the assertion of claims for or against parties in addition to a single plaintiff and single defendant. Impleading occurs when a third party—against whom the defendant may himself have a claim—is brought into the original suit in the interests of time and efficiency.
What is Court of Justice in IPC?
“Court of Justice”. —The words “Court of Justice” denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially.
What are the 4 types of jurisdiction?
The 5 Types of Jurisdiction That May Apply to Your Criminal Case
- Subject-Matter Jurisdiction.
- Territorial Jurisdiction.
- Personal Jurisdiction.
- General and Limited Jurisdiction.
- Exclusive / Concurrent Jurisdiction.
What are the 3 types of jurisdiction?
There are three types of jurisdictions:
- Original Jurisdiction– the court that gets to hear the case first.
- Appellate Jurisdiction– the power for a higher court to review a lower courts decision.
- Exclusive Jurisdiction– only that court can hear a specific case.
What is lack of subject matter jurisdiction?
Subject-matter jurisdiction is the requirement that a given court have power to hear the specific kind of claim that is brought to that court. While litigating parties may waive personal jurisdiction, they cannot waive subject-matter jurisdiction.
What is Misjoinder of cause of action?
Misjoinder of Causes of Action: Where several causes of action are joined together in the suit which cannot be joined there being no common question of law and fact the suit is bad for misjoinder of causes of action or multifariousness.
Who can be joined as plaintiff?
All persons whose right to relief arises out of the same act or transaction or series of acts or transactions may be joined as Plaintiffs. The test is whether any common question of law or fact would arise if such persons brought separate suits (Order 1 Rule 1).
Can a defendant become plaintiff?
It is well established that the Court has power under Order 1, Rule 10(2) of the C.P.C., to transpose a defendant to the category of plaintiffs. The Court can by sou motu or on the application of any of the defendants may transpose a defendant as plaintiff.
What all protections are available under Article 20 in the Constitution?
(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law at the time of the commission of the offence.
What is Section 20 of CPC?
The intendment of the legislators behind section 20 of CPC is to provide a forum to the plaintiff to put forth his grievance against the defendant in whose local jurisdiction, the cause of action has arisen either wholly, or in part.
What is rule 20 of the Federal Rules of Civil Procedure?
Rule 20. Permissive Joinder of Parties | Federal Rules of Civil Procedure | US Law | LII / Legal Information Institute Rule 20. Permissive Joinder of Parties (a) Persons Who May Join or Be Joined. (1) Plaintiffs. Persons may join in one action as plaintiffs if:
What is a common treatment under Section 20 of the Constitution?
Section 20 embodies a common treatment of all defendants, whether a natural person or a juristic person. There is a common treatment qua the test of cause of action so must there be a common treatment qua the presence of the defendant in a particular place, whether with reference to the residence or the activity in which he or it may be engaged.
When is the jurisdiction of the court left to the parties?
If a conflict is an industrial conflict emerging out of a right or liability under the general or public law, the jurisdiction of the court is an alternative left to the person involved to decide his remedy for the support which is sufficient to be given in a particular remedy.