Jurisdiction after trial starts
Dr C Suresh
(Querist) 11 October 2009
This query is : Resolved
I have a case under trial in DRT. The bank has closed its evidence. Recently during cross of the legal officer we found out that this institution doesnot have any license to do lending business. Can we file for dismissal on jurisdiction grounds after trial has started. If yes can anyone please refer any case law. thanks
Kiran Kumar
(Expert) 11 October 2009
yes it can be raised.
otherwise also pls check DRT act, there is a specific provision in this context....all financial instituitons are required to be registered to present their case before DRT.
Sachin Bhatia
(Expert) 11 October 2009
Yes you can raise this point. You can also file an application in this event.
joyce
(Expert) 11 October 2009
Yea! certainly point of jurisdiction can be raised and an interiumapplication along with affidavit be filed as to the same point, it will be the prelimnary issue and court will certainly entertain it. Holding a valid financial lending license is important, check it.
adv. rajeev ( rajoo )
(Expert) 11 October 2009
U have to file an amendment application. In the application u take the contention that This court has no juridiction.
In the affidavit of your client you take the contention that while cross examining the plaintiff, he has admitted that he has no license for lending business.
further I agree with joyce
adv. rajeev ( rajoo )
(Expert) 11 October 2009
U have to file an amendment application. In the application u take the contention that This court has no juridiction.
In the affidavit of your client you take the contention that while cross examining the plaintiff, he has admitted that he has no license for lending business.
further I agree with joyce
Raj Kumar Makkad
(Expert) 12 October 2009
I agree with the opinion of all above experts.
