Search Results for "retains jurisdiction"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "retains jurisdiction"

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High Court

Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

24 Aug 2018

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

High Court

Bombay High Court Dismisses Revision Applications Challenging Civil Court Jurisdiction in Company Disputes — Alternative Remedy Under Companies Act Does Not Imply Ouster of Civil Court Jurisdiction. The court held that the remedy under Sections 397, 398, 402, and 403 of the Companies Act, 1956 is not equally efficacious as a civil suit for declaration and injunction, and therefore the civil court retains jurisdiction.

20 Jun 2005

The case involves two civil revision applications arising from S.C. Suit No.3789 of 1995 and S.C. Suit No.3790 of 1995 filed in the City Civil Court a...

High Court

High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

19 Sep 2016

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

High Court

Bombay High Court Dismisses Judgment Debtor's Objection to Execution of Decree Based on Jurisdictional Challenge Under Section 39(4) CPC. Court Holds That Section 39(4) CPC Does Not Bar Execution by the Court That Passed the Decree When the Property Is Situated Outside Its Local Limits.

20 Apr 2005

The present chamber summons arose out of a suit filed by ICICI Ltd, as Debenture Trustees, against Kothri Industrial Corporation Ltd and others for re...

Supreme Court

Supreme Court Allows Employer's Appeal in Industrial Dispute Against High Court's Dismissal on Jurisdictional Grounds. The Court held that the Allahabad High Court's order permitting withdrawal of writ petition with liberty to file fresh petition before appropriate court was not contrary to Section 35(2) of Uttar Pradesh Reorganization Act, 2000, and laches did not apply due to jurisdictional delays.

13 Sep 2021

The dispute originated from an industrial dispute raised by an employee challenging his termination in 1996. The Labour Court, Dehradun, passed an awa...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Confirms Findings on Default, Subletting, and Bonafide Requirement. Tenants Failed to Comply with Section 15(3) of Maharashtra Rent Control Act, 1999 and Unlawfully Sublet Premises.

20 Dec 2024

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by the original defendants (tenants) chal...

High Court

Bombay High Court Quashes High Court Administration's Refusal to Approve Establishment of Additional District Judge and Civil Judge Senior Division Courts at Partur Due to Exclusive State Government Power. Court Rules That Provisions of Maharashtra Civil Courts Act, 1869 Vest Power in State Government to Establish Such Courts Without Requiring Prior High Court Concurrence.

5 May 2016

The writ petition was filed by the Partur Advocate Bar Association under Article 226 of the Constitution of India seeking establishment of Courts of A...

High Court

High Court of Karnataka Dismisses Petition to Quash Prosecution Under Bonded Labour System (Abolition) Act, 1976 — JMFC Retains Jurisdiction Despite Section 21 Notification. The court held that Section 21 of the Act is enabling and does not divest the Judicial Magistrate of jurisdiction to take cognizance of offences under the Act.

25 Jul 2013

The petitioner, Shashi Kumar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court of K...

Supreme Court

Supreme Court Upholds Rajasthan Electricity Regulatory Commission's Open Access Regulations in Challenge by Industrial Consumers. The Court held that the RERC has jurisdiction to regulate both intra-state and inter-state open access, and the restrictions imposed are reasonable and within the statutory framework of the Electricity Act, 2003.

1 Apr 2025

The present appeals challenge two separate orders of the Rajasthan High Court upholding the validity of the Rajasthan Electricity Regulatory Commissio...

Supreme Court

Supreme Court Allows Recall of Insufficiently Stamped Document Admitted in Evidence — Inherent Powers Under Section 151 CPC Can Be Invoked. The court held that admission of a document without considering its stamp duty can be recalled to prevent abuse of process, and Section 35 of the Karnataka Stamp Act, 1957 does not bar such recall.

9 Jul 2024

The case involves a civil appeal arising from a dispute over two sale deeds concerning the same property. The appellant and the respondent each claime...

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