Search Results for "Return of Plaint"

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Search Results for "Return of Plaint"

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High Court

High Court of Karnataka Dismisses Petition Challenging Valuation Order in Suit for Declaration and Injunction. Plaint Returned for Want of Jurisdiction Must Be Re-valued as on Date of Re-presentation Before Proper Court Under Order VII Rule 10 CPC.

25 Mar 2021

The petitioner, Stono Craft Abrasives, filed an injunctive suit in O.S.No.2278/1990 before the City Civil Court, Bengaluru. Subsequently, the plaint w...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Brother vs. Brother Eviction Suit — Civil Court Has Jurisdiction Over Property Disputes Between Co-Owners/Legal Heirs Without Landlord-Tenant Relationship. The court held that the term 'licensee' under Section 41 of the Presidency Small Cause Courts Act, 1882 does not extend to disputes between family members in possession of ancestral property, and the Civil Court has jurisdiction.

15 Oct 2013

The appellant, Manohar Sahadev Shinde, filed a suit in the City Civil Court, Mumbai, seeking eviction of his brother, Yashwant Sahadev Shinde, from a ...

High Court

Bombay High Court Allows Appointment of Arbitrator Despite Prior Suit Filed in Wrong Court — Filing of Suit in Court Without Jurisdiction Does Not Bar Subsequent Arbitration Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996

8 Oct 2013

The petitioner, Candid Drug Distributors, filed a suit in the competent court in Guwahati against the respondent, Wanbury Limited. The respondent chal...

High Court

Bombay High Court Dismisses Appeal Against Return of Plaint in Trust Dispute Due to Lack of Jurisdiction. Civil Court Cannot Entertain Suit Relating to Public Trust Administration When Exclusive Remedy Lies Before Charity Commissioner Under Sections 80 and 50 of Bombay Public Trust Act, 1950.

4 Oct 2013

The appellants, original plaintiffs, filed a suit in the City Civil Court, Mumbai, seeking various reliefs against the trustees of Respondent No.3 Tru...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Cooperative Society Dispute — Jurisdiction of Civil Court Not Barred Under Section 91 of MCS Act Where Reliefs Include Declaration of Title and Injunction Against Corporation. The suit involved a declaration of title and permanent injunction against a cooperative society, its members, and a municipal corporation; the High Court held that the civil court has jurisdiction to entertain such a suit as the dispute is not exclusively covered by Section 91 of the Maharashtra Cooperative Societies Act, 1960.

1 Oct 2013

The appellant, Samuel Nadvi, filed a suit in the City Civil Court, Greater Bombay, seeking declaration of title and permanent injunction against Umerk...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Suit for Damages by Non-Member Against Cooperative Society. Jurisdiction of Civil Court Not Barred Under Section 164 of Maharashtra Cooperative Societies Act, 1960 as Plaintiff Was Not a Member at Time of Contract.

12 Sep 2013

The appellant, Cargill India Private Limited, filed a suit for damages of Rs. 2 crores against the respondent, Shri Adinath Sahakari Sakhar Karkhana L...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

28 Aug 2013

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Succession Dispute Over Tenanted Premises — Civil Court Jurisdiction Not Barred by MHADA Act. The court held that a suit for declaration of inheritance rights under the Hindu Succession Act, 1956, is maintainable before a Civil Court and is not barred by Section 183 of the Maharashtra Housing and Area Development Act, 1976.

7 Aug 2013

The appellants, original plaintiffs, filed a suit in the City Civil Court, Mumbai, seeking a declaration that they are the heirs and legal representat...

High Court

Bombay High Court Dismisses Appeal in Tenancy Jurisdiction Dispute — Plaint Returned to Small Causes Court. Court holds that the Small Causes Court has exclusive jurisdiction to try suits between landlord and tenant under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

2 May 2005

The appellant, Balwant Dattatraya Mule, filed a suit in the Civil Court claiming to be a tenant of residential premises and seeking reliefs against th...

High Court

Bombay High Court Allows Appeal in Suit for Specific Performance of Flat Sale Agreement, Holding That Trial Court Erred in Returning Plaint on Ground of Lack of Jurisdiction Without Considering That Part of Cause of Action Arose Within Its Territorial Limits. The Court Directed the Trial Court to Proceed with the Suit on Merits.

7 Mar 2005

The appellant, original plaintiff, filed a Short Cause Suit No. 3585 of 2001 seeking enforcement of an agreement dated 30th March 2000 executed by Res...

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