Search Results for "Issue Framing"

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High Court of Judicature at Bombay Considers Civil Revision Application on Jurisdiction under Maharashtra Scheduled Commodities Order 1975. Petitioner Contended that Statutory Remedy under Essential Commodities Act Impliedly Bars Civil Suit.

The civil revision application arose from a suit filed by the original plaintiff (respondent no.1) seeking perpetual injunction and declaration that c...

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Bombay High Court Declines to Answer Reference on Academic Issue When Underlying Writ Petition Disposed of. Full Bench holds that a larger bench cannot answer a reference for academic purposes when the cause is not live.

The Full Bench of the Bombay High Court at Nagpur was constituted to resolve a conflict of opinion between two Division Bench decisions: Saroj Iyer v....

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Supreme Court Allows State's Appeal in Motor Vehicle Registration Fee Dispute — Rule 55A of MP Motor Vehicles Rules Valid. State can charge separate fee for reserved registration numbers under Section 41(6) of Motor Vehicles Act, 1988.

The Supreme Court allowed the appeal filed by the State of Madhya Pradesh against the High Court judgment that had quashed Rule 55A of the Madhya Prad...

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Bombay High Court Dismisses Appeal Against Remand Order in Property Suit — Trial Court's Judgment Set Aside for Failure to Frame Issues and Consider Evidence. Lower Appellate Court's Remand Under Order 41 Rule 23 CPC Upheld as Proper Exercise of Power to Prevent Failure of Justice.

The case involves a property dispute over land Survey No. 50 admeasuring 26 acres 4 gunthas situated at village Asadullabag. The original plaintiff, K...

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Karnataka High Court Upholds Trial Court's Order Allowing Plaintiff to Adduce Evidence in Commercial Suit, Finding No Perversity or Jurisdictional Error. Order Passed Under Order 18 Rule 4(1B) CPC Not Violative of Embargo When Sufficient Cause Shown.

The dispute arose from a commercial summary suit (Commercial O.S. No. 1/2018) filed by a Class-I contractor before the Commercial Court at Raichur aga...

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Bombay High Court Dismisses Petition Challenging Refusal to Stay Civil Suit on Tenancy Grounds. The court held that the issue of tenancy must be determined by the civil court as a preliminary issue under Section 9A CPC, not by tenancy authorities, as the tenancy claim was not bona fide.

The petitioners, legal representatives of the deceased original defendant, challenged an order dated 5/10/2017 passed by the Civil Judge Junior Divisi...