<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2024 (1) TMI 1553 - Supreme Court (LB)</title>
    <link>https://www.taxtmi.com/caselaws?id=468363</link>
    <description>A decree passed under Order VIII Rule 10 of the Code of Civil Procedure is not automatic merely because a written statement is absent; the court must still satisfy itself, at least prima facie, that it has competence to try the suit, especially where maintainability or jurisdiction is in issue. A valid judgment must identify the points for determination, state the decision on each point, and give reasons, because a decree can arise only from such adjudication. If the court decrees the suit without addressing its own jurisdiction and without a reasoned judgment, the defect goes to the root of the matter and amounts to a patent lack of inherent jurisdiction. Such a decree may therefore be treated as void and inexecutable, and objected to in execution under Section 47.</description>
    <language>en-us</language>
    <pubDate>Fri, 12 Jan 2024 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 01 May 2026 12:15:47 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=899432" rel="self" type="application/rss+xml"/>
    <item>
      <title>2024 (1) TMI 1553 - Supreme Court (LB)</title>
      <link>https://www.taxtmi.com/caselaws?id=468363</link>
      <description>A decree passed under Order VIII Rule 10 of the Code of Civil Procedure is not automatic merely because a written statement is absent; the court must still satisfy itself, at least prima facie, that it has competence to try the suit, especially where maintainability or jurisdiction is in issue. A valid judgment must identify the points for determination, state the decision on each point, and give reasons, because a decree can arise only from such adjudication. If the court decrees the suit without addressing its own jurisdiction and without a reasoned judgment, the defect goes to the root of the matter and amounts to a patent lack of inherent jurisdiction. Such a decree may therefore be treated as void and inexecutable, and objected to in execution under Section 47.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Fri, 12 Jan 2024 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=468363</guid>
    </item>
  </channel>
</rss>