Search Results for "jurisdictional challenge"

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Bombay High Court Allows Defendant to File Written Statement Despite Delay, Setting Aside Trial Court's Rejection. Order 8 Rule 1 CPC is directory; jurisdictional challenge under Section 9-A does not bar subsequent filing of written statement; trial court's rejection without considering merits set aside.

The petitioner, Pramod Baliram Wavge, was the defendant in Regular Civil Suit No.17/2004 before the Civil Judge Junior Division, Patur. He appeared on...

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Bombay High Court Considers Appeal Against Interim Injunction in Property Dispute Between Mother-in-Law and Daughter-in-Law. Trial Court Restrained Daughter-in-Law from Entering Suit Flat, Allegedly Circumventing Family Court's Order Protecting Her Right to Residence.

The appeal arose from an order dated 19.07.2014 passed by the City Civil Court, Dindoshi, Mumbai, in Notice of Motion No.1959 of 2011 in S.C. Suit No....

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Bombay High Court Dismisses Petition Challenging Arbitrator's Order on Jurisdiction in Arbitration Claim Petition. Court holds that Section 16 of the Arbitration and Conciliation Act, 1996 provides a remedy against an arbitral award, not an interlocutory order, and that the petition is premature.

The petitioner, a cooperative housing society, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 14th Ma...

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High Court of Karnataka Quashes Transfer Order in Probate Case Due to Lack of Jurisdictional Reasoning. Transfer of probate proceedings from District Court to jurisdictional Court set aside as the order failed to specify the transferee court and lacked application of mind.

The petitioner, Smt. Rathi Devi D.S., was the plaintiff in probate proceedings originally numbered P&SC.No.107/2012, later re-numbered as O.S.No.10001...

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Bombay High Court Dismisses Suit for Possession Against Trespassers for Lack of Jurisdiction Under Section 9A CPC. Court holds that the suit is not maintainable as the property is wakf property and the Wakf Tribunal has exclusive jurisdiction under the Wakf Act, 1995.

The plaintiffs, Valimohamed Haji Allarakha Sonawala Wakf through its trustees and mutawallis, filed a suit in the Bombay High Court seeking a declarat...