Search Results for "implied ouster"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
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Search Results for "implied ouster"

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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

Bombay High Court Allows Second Appeal in Right of Way Dispute Under Mamlatdars' Courts Act, 1906 — Civil Court Jurisdiction Barred for Orders Under Section 5 of the Act. The Court held that the remedy against a Mamlatdar's order granting right of way lies by way of appeal to the Collector under Section 7 of the Act, and the Civil Court has no jurisdiction to entertain a suit challenging such order.

8 Mar 2017

The appellant, original defendant No.1, was granted a right of way over the plaintiff's field by the Mamlatdar under Section 5 of the Mamlatdars' Cour...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Property Dispute — No Interference Under Section 34 of Arbitration Act as Award Not Found to be Patently Illegal or Contrary to Public Policy. The Court Held That the Arbitral Tribunal's Interpretation of the Development Agreement Was Plausible and Did Not Warrant Setting Aside.

6 Apr 2026

The judgment pertains to a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 30th Sep...

Supreme Court

Supreme Court Allows Municipal Corporation's Appeal in Property Tax Dispute — Civil Suit Barred by Statutory Remedy Under Delhi Municipal Corporation Act, 1957. The Court held that the remedy of appeal to the Municipal Taxation Tribunal under Section 169 is adequate and not onerous, thus excluding civil court jurisdiction.

19 Aug 2019

The case involves an appeal by the South Delhi Municipal Corporation (SDMC) against a Division Bench order of the Delhi High Court that set aside a Si...

Supreme Court

Supreme Court Allows Appeal by Municipal Corporation in Property Tax Dispute — Civil Suit Held Not Maintainable Due to Statutory Bar Under Delhi Municipal Corporation Act, 1957. The Court held that the Act provides a complete machinery for assessment and appeal, impliedly excluding civil court jurisdiction, and the Division Bench erred in remanding the matter without considering the finality clause under Section 171.

19 Aug 2019

The case involves a dispute between the South Delhi Municipal Corporation (SDMC) and M/s Today Homes and Infrastructure Pvt. Ltd. regarding the assess...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Awards in Share Subscription Dispute — No Interference Under Section 34 of Arbitration Act as Findings of Fact Are Not Re-Examinable. Court upholds arbitral tribunal's findings on breach of representations and warranties in Share Subscription Agreement and Shareholders Agreement, holding that the tribunal's interpretation of contractual terms and assessment of evidence cannot be reappraised under Section 34 of the Arbitration and Conciliation Act, 1996.

5 May 2017

The present appeal arises from the dismissal of two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, by a learned Single Judg...

High Court

High Court Dismisses Revision Application in Possession Dispute - Applicant Challenge to Decree Under Section 6 of Specific Relief Act Fails - Trial Court's Order Restoring Possession Upheld

27 Feb 2026

The High Court dismissed the Civil Revision Application filed by the Applicant-Defendant challenging the Trial Court's decree in Special Civil Suit No...

Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Partition Suit Based on Res Judicata and Invalid Will. The suit was barred under Section 11 of the Code of Civil Procedure, 1908, as prior litigation had conclusively established a valid partition in 1964, extinguishing the testator's ownership rights and rendering the will ineffective.

27 Jan 2022

The dispute originated from a partition suit filed by the plaintiff, who claimed a one-fourth share in joint family properties based on a will execute...

Supreme Court

Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute Regarding Suit for Permanent Injunction. Civil Court Jurisdiction for Injunction Suits Involving Waqf Property is Not Barred Under Section 85 of Waqf Act, 1995 When Dispute Does Not Involve Questions About Nature of Property.

28 Oct 2021

The dispute originated from a suit filed by the plaintiff (first respondent) against the defendant (appellant) and others for mandatory and permanent ...

Supreme Court

Supreme Court Dismisses Appeal in Permanent Injunction Suit — Concurrent Findings of Three Courts Upheld. Defendant's Claim of Boundary Dispute and Bar of Civil Court Jurisdiction Rejected as No Substantial Question of Law Arises.

16 Nov 2020

The present appeal arises from a suit for permanent injunction filed by the plaintiffs (respondent Nos. 1 and 2) on 31 July 1971, claiming ownership a...

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