Search Results for "jurisdiction ouster"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "jurisdiction ouster"

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Supreme Court

Supreme Court Allows Bank's Appeal on Jurisdiction in Employment Dispute Due to Exclusive Jurisdiction Clause. Exclusive jurisdiction clauses in employment contracts specifying Mumbai courts are binding and oust jurisdiction of other courts where suits were filed in Patna and Delhi under Section 20 of the Code of Civil Procedure, 1908.

8 Apr 2025

The dispute arose from two civil appeals concerning jurisdiction in employment termination cases. In the lead appeal, an employee, Rakesh, appointed b...

High Court

Bombay High Court Allows Writ Petition in Fragmentation Act Jurisdiction Case — Civil Court Has Jurisdiction to Declare Ownership Despite Consolidation Scheme. The suit for declaration of ownership and injunction is not barred under Section 36(A) of Prevention of Fragmentation and Consolidation Holdings Act, 1947 as it does not directly challenge the consolidation scheme.

13 Jun 2024

The petitioners filed Regular Civil Suit No.175/2011 for declaration of ownership and perpetual injunction in respect of suit property at Survey No.52...

High Court

Bombay High Court Allows Appointment of Sole Arbitrator in Banking Investment Dispute - Failure of Respondent to Nominate Arbitrator Triggers Court's Power Under Section 11(6) of Arbitration and Conciliation Act, 1996. The court appointed a sole arbitrator to adjudicate disputes arising out of an Agreement dated 18th April, 2018 and Deed of Guarantee dated 18th April, 2018, as the respondent failed to nominate an arbitrator.

17 Jul 2023

The applicant, Kotak Mahindra Bank Ltd., a public company and banking company, filed an application under Section 11(6) of the Arbitration and Concili...

High Court

Bombay High Court Upholds Trial Court's Order to Try Jurisdiction as Preliminary Issue in Contract Dispute. Exclusive jurisdiction clause in contract designating Mumbai courts does not automatically oust territorial jurisdiction of Aurangabad court without proper adjudication.

13 Dec 2022

The petitioner, M/s Ghai Construction, filed a suit (Spl. C. S. No. 276 of 2009) in the Civil Court at Aurangabad for recovery of Rs. 652.06 Lakhs fro...

Supreme Court

Supreme Court Allows Appeal in Jurisdiction Dispute — Private Agreement Cannot Oust Writ Jurisdiction Under Article 226. The Court held that Clause 21 of the All India Chess Federation's Constitution, conferring exclusive jurisdiction on Chennai courts, cannot bar the Bombay High Court from entertaining a writ petition under Article 226.

29 Jul 2019

The present appeal arose from a dispute between the Maharashtra Chess Association (Appellant) and the All India Chess Federation (second Respondent), ...

High Court

Bombay High Court Allows Second Appeal in Co-owner Property Dispute — Holds That Possession of Co-owner Is Not Adverse Without Ouster. The court ruled that the burden of proving ouster lies on the party claiming adverse possession, and the suit for declaration and possession was within limitation under Article 65 of the Limitation Act, 1963.

29 Oct 2015

The case involves a property dispute among co-owners. The appellants (original plaintiffs) filed a suit for declaration of title and possession of agr...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and concurrent.

16 Apr 2015

The case involves a second appeal filed by the defendants (appellants) against the judgment and decree dated 12.4.2005 passed by the First Additional ...

High Court

Bombay High Court Allows Petition to Return Plaint for Lack of Jurisdiction in Summary Suit for Recovery of Money. Court holds that cause of action arose outside Mumbai and City Civil Court lacked territorial jurisdiction under Section 16 CPC.

10 Mar 2015

The petitioner, Naran Lala Pvt. Ltd., a company based in Navsari, Gujarat, challenged an order dated 25.11.2014 passed by the City Civil Court at Bomb...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

28 Jan 2014

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

High Court

Bombay High Court Considers Whether Employment on Reserved Posts Can Be Protected After Caste Certificate Is Invalidated Under the Maharashtra Caste Certificate Act, 2000. The Court Evaluated Arguments on Retrospective Application of Section 10, the Binding Effect of Supreme Court Orders Under Article 142, and Government Resolutions, but the Final Order Is Not Included in the Extracted Text.

22 Nov 2013

The judgment pertains to six writ petitions filed before the Bombay High Court by individuals appointed on posts reserved for Scheduled Tribes whose c...

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