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Bombay High Court Allows Revision Application in Civil Procedure Matter — Section 9A CPC Repealed. Preliminary Issue on Jurisdiction Cannot Be Decided Under Repealed Provision; Trial Court Directed to Decide Jurisdiction Along with Other Issues.

The case involves a Civil Revision Application filed by Madhuri Prabhakar Patole against Aruna Satishchandra Gaikwad, challenging an order of the Civi...

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Bombay High Court Allows Employees' Writ Petitions Against Industrial Court's Refusal to Register Revision Under Section 44 of MRTU & PULP Act. Industrial Court Cannot Reject Revision at Threshold on Ground of Interlocutory Order.

The judgment concerns two writ petitions filed by employees challenging the refusal of the Industrial Court, Ahmednagar, to register their Revision (U...

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Bombay High Court Dismisses Appeal Against Order Holding Civil Court Lacks Jurisdiction Over Octroi Dispute Due to Statutory Remedy Under Section 406 of BPMC Act. Preliminary Issue of Jurisdiction Decided Against Plaintiff for Not Exhausting Efficacious Remedy of Appeal.

The appellant, Greave Cotton Limited, filed a suit (Special Civil Suit No.459 of 2010) before the 7th Civil Judge, Senior Division, Pune, challenging ...

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Bombay High Court Upholds Maintainability of Civil Suit Challenging MRTP Act Notice — Preliminary Issue Under Section 9A CPC Decided in Favor of Plaintiff. Court holds that bar under Section 149 of MRTP Act does not apply to notices under Section 53(1) of the Act.

The petitioner, Prathamesh Tower Cooperative Housing Society Limited, challenged an order passed by the trial court on a preliminary issue under Secti...

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Bombay High Court Dismisses Revision Application in Suit for Declaration and Injunction — City Civil Court Has Jurisdiction Over Sublease Agreement Dispute. Part of Cause of Action Arose in Mumbai Where Agreement Was Executed and Defendant's Office Located.

The applicant, Diamond & Gem Development Corporation Limited, was the original defendant No.1 in Short Cause Suit No.818 of 2011 filed by respondent N...

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Bombay High Court Dismisses Petitions Challenging Rejection of Preliminary Issue on Limitation in Civil Suit — Limitation Issue Held to be Mixed Question of Law and Fact Not Triable Under Section 9A CPC

The petitioners, who were defendants in Regular Civil Suit No.766 of 2012 pending before the Civil Judge, Senior Division, Panvel, challenged the comm...

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Bombay High Court Dismisses Appeal in Suit for Possession Against Daughter-in-Law — Jurisdiction of Civil Court Upheld Where Ownership is Disputed. Preliminary Issue Decided Against Gratuitous Licensee Defence Under Section 41 of Presidency Small Cause Courts Act, 1882.

The appeal arose from an order of a learned Single Judge dated 16 March 2012 deciding a preliminary issue of jurisdiction. The first appellant is the ...

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Bombay High Court Dismisses Writ Petition Challenging Small Causes Court Jurisdiction in Rent Dispute. Dispute between a person claiming to be a joint tenant and a trespasser is a suit under the Bombay Rents, Hotel Lodging House Rates Control Act, 1947, triable by the Small Causes Court.

The petitioner, Mrs. Mani Seervai, challenged an order dated 28th February 1986 passed by the Court of Small Causes in R.A.E. Suit No. 1058/3267 of 19...

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Bombay High Court Dismisses Suit for Non-Compliance with Section 69 of Indian Partnership Act and Bar of Res Judicata. Suit by unregistered partnership firm held not maintainable; subsequent suit for same cause of action without withdrawing earlier suit also barred.

The plaintiff, Jayesh Pandya, a real estate broker, conducted business under the name 'Pandya & Shah Associates', which was an unregistered partnershi...