Search Results for "Ordinary Original Civil Jurisdiction"

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Bombay High Court Dismisses Suit for Lack of Jurisdiction Due to Exclusive Jurisdiction Clause in Favor of London Courts. Contractual Clause Ousting Jurisdiction of Indian Courts Upheld Where Parties Agreed to English Law and Exclusive Jurisdiction of London Courts.

The plaintiff, LSI Logistic Shipping International S.A., a company incorporated under the laws of Luxembourg, filed a commercial suit against the defe...

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High Court of Judicature at Bombay Considers Writ Petition Against Industrial Tribunal Award. Award Directed Reinstatement of Workman Dismissed During Conciliation as Void Under Section 33(1)(a) of Industrial Disputes Act, 1947.

The dispute arose from the charge-sheet issued on 28 January 1997 by M/s. Gulf Air to its employee Vinod Malhotra, a Passenger Service Supervisor and ...

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Bombay High Court Allows Appeal Against Family Court Order Returning Guardianship Petition for Lack of Jurisdiction. Family Court at Nagpur Has Jurisdiction Under Section 9(1) of Guardians and Wards Act, 1890 as Minor Ordinarily Resided in Nagpur.

The appellant, Shri Prakash Balkrishna Naidu, filed a petition under Sections 7, 12 and 25 of the Guardians and Wards Act, 1890 before the Family Cour...

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Bombay High Court Dismisses Petitioner's Challenge to State Commission's Order Setting Aside Attachment in Consumer Dispute. Earlier writ petition challenging same order dismissed for non-prosecution; no fresh cause of action shown.

The petitioner, R.B. Upadhyay, filed a consumer complaint against Vodafone Essar Ltd. (respondent No.2) for deficiency of service on 20 March 2008, al...

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Bombay High Court Dismisses Judgment Debtors' Motion to Set Aside Insolvency Notice Based on SFC Act Order. Order under Section 31(1)(aa) of State Financial Corporations Act, 1951 is a decree or order within Section 9(2) of Presidency Towns Insolvency Act, 1909 and is executable against guarantors.

The case involves two notices of motion filed by judgment debtors (Vikram Saboo and Shalini Saboo) seeking to set aside an insolvency notice issued by...

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High Court of Bombay Considers Whether Aurangabad Court Had Territorial Jurisdiction Under Section 9 of the Arbitration Act for Property in Hingoli. District Court Held It Lacked Jurisdiction; Appeal Outcome Not Provided.

The dispute arose out of a partnership firm, M/s Kasliwal Empire, formed by the appellant and respondent on 7.3.2007 for developing housing projects. ...

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Bombay High Court Grants Leave to Combine Passing Off with Trademark Infringement Under Clause XIV of Letters Patent. The Court held that the object of Clause XIV is to avoid multiplicity of proceedings, and the defendants' hardship plea was irrelevant to the passing off claim.

The petitioner, Bajaj Electricals Limited, filed a Leave Petition under Clause XIV of the Letters Patent seeking leave to combine a cause of action fo...

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Bombay High Court Allows Appeal in Bombay Public Trust Act Suit for Declaration and Possession, Dismisses Suit as Property Not Trust Property. Earlier Suit for Injunction Dismissed for Lack of Jurisdiction Did Not Bar Subsequent Suit Under Order 2 Rule 2 CPC, and Suit Was Within Limitation.

The dispute pertained to a claim by Seth Kasturmal Dalsukh Dharmashala, a registered public trust, that certain property at Dondaicha, District Dhule,...