Search Results for "Preliminary Issue"

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Bombay High Court Dismisses Suit for Want of Authority in Defamation Action by Company. Plaintiff No.2 lacked valid board resolution with mandatory consent of V-C Investor under Articles of Association to institute suit on behalf of Plaintiff No.1.

The suit was a defamation action filed by Subhiksha Trading Services Ltd. (Plaintiff No.1) and its Managing Director (Plaintiff No.2) against Azim Pre...

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Bombay High Court Allows Writ Petition Challenging Preliminary Issue on Jurisdiction in Construction Dispute. Civil Court Jurisdiction Not Barred Under Section 488 of Maharashtra Municipal Corporations Act, 1949 for Suit Alleging Violation of Byelaws and Infringement of Civil Rights.

The petitioner, Satish Trivedi, filed a writ petition challenging an order of the Civil Judge, Senior Division, Chandrapur, which decided a preliminar...

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Bombay High Court Dismisses Revision Against Civil Court's Jurisdiction in Saranjam Property Dispute. The court held that the Bombay Rent-Free Estates Act, 1852 and Exemptions from Land Revenue Acts, 1863 do not bar civil court jurisdiction over title and possession of Saranjam properties.

The case involves a Civil Revision Application filed by the original defendant no. 1 challenging an order dated 22 February 2005 passed by the Joint C...

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Bombay High Court Dismisses Suit Against Port Trust as Barred by Limitation Under Section 120 of Major Port Trust Act, 1963. Suit filed beyond six months from accrual of cause of action is not maintainable.

The plaintiff, American President Lines Ltd. and others, filed a suit against the Board of Trustees of the Port of Bombay (BPT) and Nahar Industrial E...

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Bombay High Court Dismisses Revision Against Order Holding Suit Maintainable Despite MRTP Act Bar. Civil Court Jurisdiction Not Ousted Under Section 149 of MRTP Act Where Dispute Involves Title and Possession, Not Just Planning Violations.

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated 22/3/2013 passed by ...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Suit Barred by Limitation and Defendant Acquired Title by Prescription. Co-owner's suit for partition filed 19 years after withdrawal of earlier suit held time-barred under Article 65 of Limitation Act, 1963.

The appellant (original plaintiff) and respondent (defendant) are brothers who jointly purchased suit property on 02.01.1978. The plaintiff claimed th...

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Bombay High Court Dismisses Suit for Specific Performance of Slum Development Agreement Due to Lack of Jurisdiction Under Section 42 of Maharashtra Slum Areas Act. Civil Court Cannot Entertain Disputes Relating to Slum Rehabilitation Schemes as Exclusive Jurisdiction Vests with Slum Authorities.

The plaintiff, Lokhandwala Infrastructure Pvt. Ltd., filed a suit for specific performance of a development agreement dated 10 August 2003, entered in...

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Bombay High Court Dismisses Writ Petition Challenging Refusal to Decide Non-Joinder Issue as Preliminary Issue. Order 14 Rule 2 CPC does not mandate preliminary determination of mixed questions of law and fact.

The petitioners, who were original defendants in a civil suit for damages filed by the respondents, challenged the Trial Court's order refusing to dec...

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Bombay High Court Dismisses Petition Challenging Workman Status of General Manager (Research) in Industrial Disputes Act Case. The court held that the nature of duties performed by the employee, not the designation, determines workman status, and the respondent's work was primarily technical and clerical.

The petitioner, M. Visvesvaraya Industrial Research & Development Centre, a nonprofit scientific research organization, challenged an order of the Ind...

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Bombay High Court at Goa Dismisses Petition Challenging Rent Controller's Inquiry into Landlord-Tenant Relationship Under Section 35 of Goa Rent Control Act. Court upholds Rent Controller's jurisdiction to decide preliminary issue of relationship before granting relief of restoration of electricity.

The case involves a dispute between Shri Pandurang Damodar Kamat (Petitioner) and Shri George Veerampully (Respondent) regarding the restoration of el...