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Provincial Small Cause Courts Act, 1887 |
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Case laws |
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1. Keshardeo Chamria v. Radha Kissen Chamria (1953) |
Supreme Court of India - Jurisdiction of Small Cause Court depends on nature of suit, not on relief claimed; if suit falls under Schedule II exceptions, SCC has no jurisdiction. |
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2. Rameshwar Dayal v. Banda (1993) |
Supreme Court of India - Small Cause Court cannot try suits involving title to immovable property; such issues go beyond its limited jurisdiction. |
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3. Abdul Hamid v. Charanjit Lal (1968) |
Supreme Court of India - SCC cannot grant declaratory relief; its jurisdiction is confined to suits of civil nature of small causes only. |
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4. Nainsingh v. Koonwarjee (1970) |
Supreme Court of India - SCC has no inherent power of review unless expressly provided; procedural powers are strictly limited. |
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5. Babulal Bhuramal v. Nandram Shivram (1959) |
Supreme Court of India - Even incidental determination of title is not permitted if it is directly and substantially in issue. |
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6. Central Bank of India v. Gokal Chand (1967) |
Supreme Court of India - Revisional jurisdiction over SCC decrees is limited; High Court cannot act as appellate court. |
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7. Shyam Sunder Sarma v. Pannalal Jaiswal (2005) |
Supreme Court of India - SCC decree is final on facts; revision lies only on jurisdictional error or material irregularity. |
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8. Harshad Chiman Lal Modi v. DLF Universal Ltd. (2005) |
Supreme Court of India - Jurisdiction cannot be conferred by consent; if SCC lacks jurisdiction, decree is nullity. |
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9. Budhia Swain v. Gopinath Deb (1999) |
Supreme Court of India - Decree passed without jurisdiction by SCC is a nullity and can be challenged at any stage. |
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10. Ram Kumar Bhargava v. State of U.P. (1999) |
Allahabad High Court - SCC cannot entertain suits for injunction relating to immovable property rights. |
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11. Sunder Lal v. Jogeshwar Prasad (1974) |
Allahabad High Court - Nature of suit determines jurisdiction; clever drafting cannot bring suit within SCC jurisdiction. |
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12. Laxmi Narayan v. IInd Addl. District Judge (1997) |
Allahabad High Court - SCC cannot decide complicated questions of title even incidentally. |
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13. Jagannath Prasad v. Smt. Chandrawati (2000) |
Allahabad High Court - Eviction suits between landlord and tenant are maintainable before SCC if covered under small cause jurisdiction. |
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14. Madan Lal v. Shyamlal (2002) |
Madhya Pradesh High Court - SCC cannot grant permanent injunction as it involves adjudication beyond summary jurisdiction. |
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15. Hiralal Vallabhram v. Sheth Kasturbhai Lalbhai (1967) |
Supreme Court of India - SCC procedure is summary in nature; detailed trial of complex rights is excluded. |