Topic

Jurisdictional defects

2 articlesLatest July 2026
S. 1997 Migrant Property Act | Unregistered Mortgage-Cum-Sale Agreement Void Against Statutory Protections : J&K&L HC
Case Law Analysis
|Jammu & Kashmir and Ladakh High Court

S. 1997 Migrant Property Act | Unregistered Mortgage-Cum-Sale Agreement Void Against Statutory Protections : J&K&L HC

J&K&L High Court invalidated an unregistered mortgage-cum-sale agreement, affirming that the Jammu and Kashmir Migrant Immovable Property Act, 1997 overrides such instruments to protect migrant-owned land from unauthorized transfers. The ruling upholds eviction orders against occupants relying on defective agreements.

Section 24(5) CPC Overrides Order VII Rule 10 | Transfer Powers Prevail Over Plaint Return for Pecuniary Jurisdiction Defects : Allahabad HC
Case Law Analysis
|Allahabad High Court

Section 24(5) CPC Overrides Order VII Rule 10 | Transfer Powers Prevail Over Plaint Return for Pecuniary Jurisdiction Defects : Allahabad HC

Allahabad High Court holds that Section 24(5) CPC empowers District Courts to transfer suits to courts with proper pecuniary jurisdiction, bypassing the mandatory return of plaint under Order VII Rule 10 CPC. This ruling ensures procedural efficiency and continuity of proceedings, directly impacting property and asset dispute litigants facing jurisdictional challenges.