Search Results for "Civil Jurisdiction"

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Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Suit for Possession and Mesne Profits. Court holds that plaint cannot be rejected under Order VII Rule 11(d) CPC when the suit is not barred by limitation and the claim for mesne profits is not time-barred.

The petitioner, M/s. Ramnarain Sons Pvt Ltd, filed a writ petition under Article 227 of the Constitution of India challenging two orders: (1) an order...

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Bombay High Court Quashes Appointment of Court Commissioner in Land Dispute Without Issues Being Framed. Appointment of Commissioner under Order 26 Rule 9 CPC Held Premature When No Issues Framed and No Evidence Recorded.

The petitioners challenged an interlocutory order dated 26/02/2014 passed by the Joint Civil Judge, J.D., Washi, Dist. Osmanabad, below Exh.18 in RCS ...

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Bombay High Court Allows Official Liquidator's Report in Winding Up of Transpower Engineering Ltd. — Holds Sale by Liquidator is Formal Transfer Not Subject to Differential Premium. Court exercises powers under Section 446(2) of Companies Act, 1956 to waive extension charges claimed by MIDC.

The Official Liquidator filed a report seeking directions regarding the sale of two industrial plots allotted by MIDC to Transpower Engineering Ltd. (...

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Madras High Court Allows Appeal Against Dismissal of Motor Accident Claim on Territorial Jurisdiction. Branch Office of State Transport Corporation within Court’s Limits Held Sufficient to Confer Jurisdiction

The civil miscellaneous appeal arose from the dismissal of a claim petition under the Motor Vehicles Act, 1988, by the Motor Accident Claims Tribunal,...

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Bombay High Court at Goa Upholds Environmental Clearance for Resort Construction in CRZ Area Subject to Conditions — Public Trust Doctrine and Precautionary Principle Applied to Protect Coastal Ecology and Local Livelihoods.

The judgment arises from a Public Interest Litigation and connected writ petitions challenging the environmental clearance granted to M/s. Leading Hot...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Guardianship Dispute — Mother's Application Under Order VII Rule 11 CPC Rejected as Petition Not Maintainable Under Section 9 of Guardians and Wards Act, 1890

The case involves a Civil Revision Application filed by the original non-applicants (petitioners) against the order of the District Judge, Dhule, reje...

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High Court of Karnataka Dismisses Insurance Company's Appeals in Workmen Compensation Cases — Upholds Commissioner's Award of Compensation with Interest. Employer's Failure to Discharge Burden of Proof Regarding Non-Employment Results in Liability Under Workmen's Compensation Act, 1923.

The case involves four miscellaneous first appeals filed by the Branch Manager of National Insurance Company Limited, Raichur, against the judgments a...

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Bombay High Court Upholds Interim Injunction in Shareholder Dispute Over Share Transfer Agreement — Agreement dated 14th June 2019 Held Valid and Enforceable.

The dispute arises out of a Share Purchase Agreement dated 14th June 2019 between the Kamdar Group (appellants) and the Sanghvi Group (respondents) fo...