Search Results for "Ordinary Original Civil Jurisdiction"

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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.

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...

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Bombay High Court Dismisses Interim Application in Defamation Suit for Lack of Jurisdiction Without Clause 12 Leave. Section 19 CPC Requires Defamation Suit to Be Filed Where Defamation Occurred, Not Where Reputation Is Harmed.

The plaintiff, Sameer Gulamnabi Kazi, Chairman of Maharashtra State Board of Waqf, filed a defamation suit against defendants alleging defamatory vide...

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Bombay High Court Dismisses Revision in Slum Property Dispute — City Civil Court Has Jurisdiction. Court holds that suit for declaration and injunction regarding slum premises is not barred by Section 28 of Maharashtra Slum Areas Act, 1971, as the bar applies only to eviction suits.

The case involves two Civil Revision Applications challenging an order dated 23/07/2012 passed by the learned Judge of the City Civil Court, Greater M...

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Bombay High Court: Partition Suit Involving Properties Outside Jurisdiction Requires Clause XII Leave; Plaint Rejected Under Order VII Rule 11 CPC for Partial Partition Bar | Renu Balwant Maru v. Bupendra Damjibhai Tank & Ors.

The Bombay High Court held that a partition suit involving immovable properties situated partly outside its territorial jurisdiction is a “Suit ...

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Bombay High Court Holds Appeals Against Special Court Orders Outside Bench's Territorial Limits Lie Only to Principal Seat. Territorial Jurisdiction Determined by Location of Court, Not Place of Offence Under Chapter XXXI of Bombay High Court Appellate Side Rules, 1960.

The case involved a reference to a Larger Bench of the Bombay High Court at Aurangabad to determine the territorial jurisdiction for appeals against o...

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Bombay High Court Holds City Civil Court is District Court Under Mental Health Act, 1987 — Reference to Larger Bench Resolved. The High Court in its Ordinary Original Civil Jurisdiction is not the District Court for the purposes of the Mental Health Act, 1987.

The case involved a reference to a larger bench to resolve a conflict between two learned single judges of the Bombay High Court regarding the interpr...

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Supreme Court Dismisses Appeal Against High Court's Quashing of Revisional Order in Execution Proceedings. Decree Against Single Defendant Without Adjudication Held Null and Void Under Code of Civil Procedure, 1908, Order VIII Rule 10, Rendering Execution Incompetent.

The dispute originated from a civil suit filed by the appellants under section 38 of the Specific Relief Act, 1963, seeking a permanent injunction aga...

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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...