Search Results for "interlocutory jurisdiction"

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Bombay High Court Upholds Trial Court's Decision to Frame Preliminary Issue on Jurisdiction in Money Recovery Suits. Court holds that Order XIV Rule 2 CPC allows framing of preliminary issue on jurisdiction even if it involves mixed questions of law and fact.

The petitioners, original plaintiffs in five separate Special Civil Suits for recovery of money and paintings, challenged an order dated 11.06.2012 pa...

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Bombay High Court Dismisses Appeal Seeking Appointment of Court Receiver and Interim Compensation in Property Dispute. Court holds that mere filing of affidavits does not establish grave urgency warranting appointment of receiver or direction for deposit of interim compensation at an interim stage.

The appellant, Ramesh Sippy, filed a suit in the Bombay High Court seeking possession of Flat No.5/B in Shree Vijayaa Bhavan, Mumbai, claiming ownersh...

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Bombay High Court Dismisses Appeal Against Order Requiring Preliminary Issue on Jurisdiction Under Section 9A CPC. Once a Jurisdictional Objection is Raised, the Court Must Frame a Preliminary Issue Even if the Defendant Later Seeks to Withdraw It at the Interlocutory Stage.

The First Respondent (Mumbai International Airport) filed a suit against the Appellant (Mukund Ltd.), the Airports Authority of India, and the State o...

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Bombay High Court Considers Maintainability of Revision Against Order Under Section 156(3) CrPC. Court examines whether an order directing police investigation under Section 156(3) is interlocutory and whether a revision petition under Section 397 or 401 CrPC lies against such order.

A batch of criminal writ petitions and applications came before the Division Bench of the Bombay High Court at Aurangabad, raising a common question o...

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High Court Dismisses Application Under Section 482 CrPC Against Order Releasing Seized Gold to Claimant with Superior Title, Holding Magistrates Discretion Properly Exercised. The Magistrates Conditional Interim Custody Order Was Not Final Determination and Applicant Could Seek Relief from Trial Court.

The criminal application under Section 482 of the Code of Criminal Procedure arose from a dispute over interim custody of seized gold and cash in a pe...

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Bombay High Court Hears Appeal on Section 9A CPC Issue Concerning Land Rights. Court Considers Whether Trial Court Must Decide Jurisdiction Application Before Interim Relief in Suit Involving Salsette Act and Land Revenue Code.

The appeals from order were heard finally at admission stage on a preliminary issue raised by the appellant under Section 9A of the Code of Civil Proc...

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High Court of Bombay Hears Interim Application in Partition Suit Over Alleged HUF Properties. Plaintiff Seeks Injunction and Appointment of Court Receiver Pending Suit, Claiming Undivided Share Despite 2001 Affidavit Acknowledging Properties as Self-Acquired.

The present order arises from an Interim Application filed by the plaintiff, Variinder @ Rajan, in Suit No. 343 of 2022 before the High Court of Bomba...

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High Court of Bombay Considers Maintainability of Revision Against Order Under Section 156(3) CrPC. Division Bench Examines if Order Directing Police Investigation is Interlocutory and if Revision Lies Under Section 397 or 401 of the Criminal Procedure Code, 1973.

The High Court of Judicature at Bombay, Aurangabad Bench, was seized of several criminal writ petitions and applications challenging orders passed by ...