Search Results for "Ordinary Original Civil Jurisdiction"

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Search Results for "Ordinary Original Civil Jurisdiction"

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Supreme Court

Supreme Court Holds High Court Has Exclusive Jurisdiction Under Section 29A(4) of Arbitration Act for Extension of Time. The term 'Court' in Section 29A(4) is interpreted to mean the High Court, not the Civil Court, to ensure uniformity and avoid multiplicity of proceedings.

1 Jan 2026

The case arose from a dispute between Jagdeep Chowgule (appellant) and Sheela Chowgule & Ors. (respondents) concerning the jurisdiction to entertain a...

High Court

Bombay High Court Allows Counter Claim in Suit for Perpetual Injunction — Order 8 Rule 6A CPC Permits Set-Off or Counter Claim Even in Injunction Suits. The court held that a counter claim arising from the same transaction cannot be excluded with liberty to file a fresh suit, as it would lead to multiplicity of proceedings.

19 Jan 2015

The petitioners, who were defendants in Regular Civil Suit No. 561 of 2014, challenged an order passed by the trial court under Order 8 Rule 6A and 6C...

High Court

Bombay High Court Dismisses Application to Condone Delay in Filing Written Statement in Commercial Suit — Mandatory 120-Day Limit Under Commercial Courts Act, 2015 Applies. Court holds that the proviso to Order VIII Rule 1 CPC as amended by Section 16 of the Commercial Courts Act, 2015 is a special provision for commercial disputes and overrides the Bombay High Court Original Side Rules, 1980.

10 Jun 2024

The case involves a Notice of Motion filed by the defendants (applicants) in a commercial suit before the Bombay High Court, seeking to quash the orde...

High Court

Bombay High Court Allows Appeal Against Refusal of Leave Under Clause 12 Letters Patent — Holds That Regional Office of Defendant Company Confers Territorial Jurisdiction. The court clarified that the Explanation to Section 20 CPC does not override Clause 12 of the Letters Patent, and a defendant company carrying on business through a regional office in Mumbai can be sued there even if the cause of action arose elsewhere.

3 Aug 2015

The appellant, KPL International Limited, filed an appeal against the judgment and order dated 18 June 2015 of the learned Single Judge of the Bombay ...

High Court

High Court of Karnataka Quashes Order Dismissing Application for Return of Plaint in Commercial Suit — Territorial Jurisdiction of Commercial Court Determined by Principal Civil Court Under Section 2(1)(c)(vii) of Commercial Courts Act, 2015. The Court held that since the suit property was situated in England and no cause of action arose in Bengaluru, the Commercial Court lacked territorial jurisdiction, and the plaint must be returned for presentation before the competent court.

8 Jul 2025

The petitioners, M/s Tefilah Infrastructure Pvt. Ltd. and its Managing Director Siddhartha Gupta, filed a writ petition under Articles 226 and 227 of ...

High Court

Bombay High Court Allows Appeal Against Rejection of Section 34 Petition by City Civil Court, Holding City Civil Court is Not a 'Court' Under Section 2(1)(e) of Arbitration Act. The Court set aside the order and remanded the matter for fresh consideration by the proper court.

2 Mar 2012

The appellant, a share broker, purchased 100 shares of Odyssey Technology Limited on behalf of a client. The shares were sent for registration but onl...

High Court

Bombay High Court Dismisses Appeal Against Dismissal of Suit Challenging MCGM Notice Under Section 354A of MMC Act — Suit Held Not Maintainable Due to Bar of Section 527 of MMC Act and Availability of Alternative Remedy Under Section 354A(3). The court held that the civil court's jurisdiction is barred when a statute provides a complete mechanism for redressal.

9 Oct 2013

The appellant, M/s. Akash Impex, a registered partnership firm, acquired suit property Gala No.24/25, CTS No. 240-C at Khetani Industrial Estate, Kurl...

High Court

Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

16 Jun 2014

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

High Court

Bombay High Court Rejects Jurisdictional Challenge in Admiralty Suit Filed Without Vessel in Territorial Waters. Suit Held Maintainable When Arrest Warrant Executed upon Vessel's Subsequent Arrival, Following Geetanjali Woolen Precedent.

12 Jul 2011

The case involves an admiralty suit in rem filed by Great Pacific Navigation (Holdings) Corporation Limited, a Hong Kong company, against the vessel M...

High Court

Bombay High Court Allows Civil Revision Application in Execution Proceedings — Decree Holder Cannot Seek Execution Against Legal Representatives Without Proper Substitution. The court held that execution against legal representatives of a deceased judgment-debtor without substituting them in place of the deceased is not maintainable under Order 21 Rule 22 of the Code of Civil Procedure, 1908.

14 Feb 2014

The case involves a civil revision application filed by the legal representatives of the original defendant (Sukhlal Bhivsan Dhobi) against the decree...

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