Search Results for "Civil Jurisdiction"

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Search Results for "Civil Jurisdiction"

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High Court

Bombay High Court Dismisses Revision Application in Suit for Specific Performance and Injunction — Concurrent Findings of Fact Cannot Be Reopened Under Section 115 CPC. The court held that a revision under Section 115 of the Code of Civil Procedure, 1908 is not maintainable against concurrent findings of fact unless there is a jurisdictional error or perversity.

30 Nov -0001

The case involves a civil revision application filed by the original defendants (applicants) against the concurrent findings of fact recorded by the t...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Rejection of Plaint — Order VII Rule 11 CPC Application Must Be Decided on Plaint Averments Alone, Not Evidence or Defenses. The court set aside the Trial Court's order rejecting the application under Order VII Rule 11(a) and (d) CPC and allowed the application, rejecting the plaint.

26 Jul 2024

The petitioner, Defendant No.4 in O.S.No.1246/2013, filed a Civil Revision Petition under Section 115 CPC challenging the order dated 12.12.2023 passe...

High Court

High Court of Bombay at Aurangabad Hears Civil Revision Application Against Condonation of Delay and Restoration of Suit for Specific Performance Dismissed in Default. The Trial Court's Order Condoning Delay of 5 Years 9 Months and Restoring Suit Under Order IX Rule 9 CPC is Challenged on the Ground of Bar to Second Restoration Application.

14 Aug 2013

The dispute arose from a suit for specific performance (Spl.C.S. No.74/1997) filed by the respondent’s father (since deceased) against the revision ...

High Court

Bombay High Court Upholds Eviction Decree in Possession Suit — Licensee's Claim of Ownership Rejected. Staff Quarter Adjoining Purchased Flat Held to Be Part of Suit Premises; Licensee Cannot Claim Ownership After License Revocation.

13 Jan 2023

The case involves a first appeal against a decree of eviction passed by the City Civil Court, Mumbai. The respondent/original plaintiff, Anjana Viren ...

High Court

Bombay High Court Hears Writ Petition Under Article 227 Against Revisional Order Upholding Eviction Under Maharashtra Rent Control Act. Licensee Company Challenges Jurisdiction, Arguing Non-Applicability of Act Due to Paid-Up Capital Exceeding Rs. 1 Crore Under Section 3(1)(b).

5 Jul 2023

Background: The matter involves a dispute between licensors (owners of a flat in Galaxy Apartments, Bandra) and a licensee company (petitioner no. 1) ...

High Court

Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

6 Jun 2011

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

High Court

Bombay High Court Allows Revision Against Rejection of Leave to Defend in Summary Suit. Bank Granted Conditional Leave to Defend on Deposit of Rs. 25 Lakhs for Triable Issues Regarding Liability as Mortgagee in Possession Under Order 37 CPC.

8 Oct 2015

The case involves a Civil Revision Application filed by ICICI Bank Limited (the applicant/original defendant No.1) against the order dated 30th June 2...

Supreme Court

Supreme Court Upholds Punjab Religious Premises Act as Valid Classification Under Article 14. Tenants of Religious Institutions Not Entitled to Rent Control Protection as Religious Property Requires Summary Eviction Procedure to Prevent Maladministration.

4 Dec 2019

The case involves an appeal by tenants occupying shops in Gurudwara Singh Sabha, Mandi Gobindgarh, Punjab, challenging the constitutional validity of ...

High Court

Bombay High Court Dismisses Application for Revocation of Leave under Clause XII of Letters Patent in Bond Trustee Suit — Defendant No.3's Presence Not Necessary for Grant of Leave as Cause of Action Arises in Mumbai. The Court held that for grant of leave under Clause XII, it is sufficient if a part of the cause of action arises within the jurisdiction; it is not necessary that the cause of action must arise against each defendant.

16 Apr 2014

The Plaintiff, The Bank of New York Mellon, London Branch, filed a suit against Zenith Infotech Limited and others seeking to declare a transaction re...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Jurisdiction Objection Overruled. Claimants awarded compensation of Rs.4,22,900/- with interest at 6% p.a. for death in road accident.

10 Jul 2018

The appeal was filed by the insurer, Royal Sundaram Alliance Insurance Company Limited, challenging the judgment and award dated 10.08.2012 passed by ...

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