Search Results for "interlocutory jurisdiction"

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High Court of Bombay Division Bench Hears Reference on Appealability of Interim Injunction Orders in Regular Civil Appeals. Reference Concerns Whether Order 43 Rule 1(r) CPC Covers Interim Injunctions Granted by First Appellate Courts Under Order 41 CPC.

This matter came before a Division Bench as a reference made by a learned Single Judge of the High Court who doubted the correctness of earlier single...

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Supreme Court Allows Appeal in Section 6 Specific Relief Act Suit — High Court's Revision Under Section 115 CPC Set Aside for Exceeding Jurisdiction. Revisional Power Cannot Be Used to Correct Errors of Fact or Law in Interlocutory Orders.

The dispute arose from a civil suit filed by Respondent No.1 (Shashi Verma) under Section 6 of the Specific Relief Act, 1963, seeking declaration of w...

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Supreme Court Disposes of Appeals in Seniority Dispute with Directions for Expedited Hearing. Court Maintains Interim Stay and Directs High Court to Dispose of Pending Writ Petition Challenging Seniority Fixation Between Special Recruitment and General Quota Assistant Section Officers.

The dispute originated from a challenge to the fixation of inter se seniority between two batches of directly recruited Assistant Section Officers in ...

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Bombay High Court Upholds Temporary Injunction Against Petitioners in Cooperative Bank Recovery Dispute. Balance of convenience and irreparable loss to the bank justify restraint order pending final decision of the dispute.

The petitioners, Shankar Govind Mali and others, challenged an order passed by the court below which temporarily restrained them from transferring, se...

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Bombay High Court Allows Appeal Against Rejection of Section 9 Application in Arbitration Dispute Over Barge Sale Agreement. Jurisdictional Objection Must Be Decided Before Granting or Refusing Interim Relief Under Section 9 of Arbitration and Conciliation Act, 1996.

The appellant, M/s. Prince Marine Transport Services Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against...

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Bombay High Court Quashes Appointment of Court Commissioner in Land Dispute Without Issues Being Framed. Appointment of Commissioner under Order 26 Rule 9 CPC Held Premature When No Issues Framed and No Evidence Recorded.

The petitioners challenged an interlocutory order dated 26/02/2014 passed by the Joint Civil Judge, J.D., Washi, Dist. Osmanabad, below Exh.18 in RCS ...

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Bombay High Court Dismisses Writ Petition Challenging Arbitrator's Interlocutory Orders, Upholding Minimal Judicial Intervention in Arbitration. Article 227 of the Constitution of India cannot be invoked to challenge procedural orders during ongoing arbitration proceedings.

The petitioner, M/s Space Wood Office Solution Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India challenging two interlo...

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Supreme Court Partially Allows Appeal in Mortgage Accounting Suit; Usurious Loans Act Not Applicable as Mortgage Executed Before Its Extension to Cantonment Area.

The dispute arose from a usufructuary mortgage executed on 14 July 1933 by four mortgagors in favour of one Khanmull over a property in the Cantonment...

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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...