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Bombay High Court Upholds Trial Court's Order to Try Jurisdiction as Preliminary Issue in Contract Dispute. Exclusive jurisdiction clause in contract designating Mumbai courts does not automatically oust territorial jurisdiction of Aurangabad court without proper adjudication.

The petitioner, M/s Ghai Construction, filed a suit (Spl. C. S. No. 276 of 2009) in the Civil Court at Aurangabad for recovery of Rs. 652.06 Lakhs fro...

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Bombay High Court Dismisses Petition Challenging Refusal to Frame Preliminary Issue in Rent Act Proceedings. Maintainability of Application Under Section 13A(2) of Bombay Rents Act Involves Mixed Questions of Law and Fact and Cannot Be Decided as Preliminary Issue.

The case involves two writ petitions under Article 227 of the Constitution challenging an order dated 7th October 2004 passed by the competent authori...

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Bombay High Court Sets Aside Maharashtra State Co-operative Appellate Court Orders in Employee Termination Dispute. Preliminary Issue on Legality of Departmental Enquiry Must Be Decided First Under Order 15 Rule 3 Code of Civil Procedure, 1908, Following Cooper Engineering Ltd. Precedent.

The dispute arose from the termination of services of an employee by a co-operative bank. The employee filed a dispute before the Co-operative Court, ...

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Bombay High Court Frames Preliminary Issue of Limitation in Partition Suit Over Property Bequeathed by Will. Plaintiffs Claim Share in Villa Bemvinda and Challenge Development Agreement After Probate Was Granted and Revocation Petition Dismissed.

The dispute arose over Villa Bemvinda, a property in Bandra, Mumbai, originally owned by Andrew D'Cunha. He executed a will on 20.2.1971 bequeathing t...

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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 Allows Writ Petition Challenging Execution of Preliminary Decree in Partition Suit — Execution of Preliminary Decree Without Final Decree Held Non Est. The court held that only a final decree is executable under Order 20 Rule 18 CPC, and execution of a preliminary decree is a nullity.

The petitioners, who were defendants in a partition suit, filed a writ petition challenging orders passed by the Joint Civil Judge, Senior Division, S...

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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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Supreme Court Dismisses Appeal in Limitation Dispute Over Alternative Plot Allotment. Concurrent Findings on Time-Barred Declaratory Suit Upheld Under Article 136 of Constitution, Applying Limitation Act 1963 Provisions to Determine Starting Point of Limitation.

The appeal arose from a civil suit filed by the appellants seeking declaratory reliefs regarding ownership of an alternative residential plot allotted...