Search Results for "separate suit maintainability"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "separate suit maintainability"

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High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Rent Controller's Jurisdiction and Ex-Parte Eviction Order — Petitioner Acquiesced to Jurisdiction and Delayed Challenge for Decades. The court held that the petitioner's failure to raise the jurisdiction issue at the earliest opportunity and the inordinate delay in challenging the ex-parte order disentitled them to relief under Article 227 of the Constitution of India.

1 Mar 2023

The petitioner, School Anjuman Noorul Islam, represented by its Secretary Shaikh Mhammed Iqbal, filed a writ petition under Article 227 of the Constit...

High Court

Bombay High Court Dismisses Writ Petition Challenging Revisional Order Under Maharashtra Rent Control Act — Revision Not Maintainable as Petitioner Was Not a Party to Eviction Proceedings. Section 44 of Maharashtra Rent Control Act, 1999 does not allow a stranger to file revision against an eviction order passed against a licensee.

3 Dec 2019

The petitioner, Manu Madavi, filed a writ petition challenging an order dated 04/07/2019 passed by the Additional Commissioner, Nagpur Division, which...

Supreme Court

Supreme Court Upholds High Court Decision Quashing Labour Cess Demand Under Building and Other Construction Workers' Welfare Cess Act, 1996. The Court held that the cess demand was invalid as the contract work did not constitute 'building or other construction work' under Section 2(1)(d) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, and the levy under Sections 3(1) and (2) of the Cess Act was not applicable.

12 May 2021

The Supreme Court of India, in a civil appellate jurisdiction, addressed a special leave petition under Article 136 of the Constitution of India. The ...

High Court

Bombay High Court Dismisses Application for Recalling Witness in Election Petition — No Power to Recall Witness After Cross-Examination Under CPC and Representation of the People Act, 1951. The court held that Order XVIII Rule 17 CPC does not permit recall of a witness for further cross-examination after discharge, and inherent powers under Section 151 CPC cannot be invoked to circumvent specific provisions.

30 Nov -0001

The case arises from an election petition filed by Ravindra Ramji Mundhe (petitioner) challenging the election of Avadhoot Anil Tatkare (respondent No...

High Court

Bombay High Court Quashes Domestic Violence Proceedings Against Husband and In-laws Due to Lack of Territorial Jurisdiction. Complaint Filed at Pune While Shared Household Was in Hyderabad — Held That Jurisdiction Lies Where Cause of Action Arises, Not at Wife's Temporary Residence.

2 Mar 2016

The petitioners, the husband and his parents, filed a writ petition under Article 227 of the Constitution of India challenging the proceedings initiat...

High Court

Bombay High Court Dismisses Petition to Quash Domestic Violence Proceedings — Maintainability of Application Under Section 12 of DV Act Against Husband and In-Laws Upheld Despite Lack of Shared Household. The Court held that the wife's right to reside in a shared household is not contingent on her actual residence at the time of filing the application, and the Magistrate has jurisdiction to grant reliefs under the Protection of Women from Domestic Violence Act, 2005.

2 Mar 2016

The Bombay High Court dismissed a writ petition filed by the husband and his parents seeking quashing of proceedings initiated by the wife under Secti...

High Court

Bombay High Court Considers Section 9 Petition in Post-Foreign Award Enforcement Against Guarantor Deleted from Proceedings. Court Examines Applicability of Group of Companies Doctrine to Bind Non-Signatory for Interim Relief.

28 Jan 2026

The petition was filed under Section 9 of the Arbitration and Conciliation Act, 1996 by Ningbo Aux Imp & Exp Co. Ltd., a Chinese company, seeking inte...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Administrative Tribunal Order in Mundkar Dispute — Tribunal Exceeded Revisionary Jurisdiction Under Section 26 of Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. Concurrent Findings of Fact by Mamlatdar and Collector Cannot Be Reversed Without Perversity.

9 Oct 2018

The petitioners, legal representatives of the original petitioner Mrs. Antoneta Fernandes, filed a writ petition under Articles 226 and 227 of the Con...

High Court

Madras High Court Dismisses Appeals Against Rejection of Plaint for Non-Payment of Court Fee in Commercial Suits. Court Holds That Order VII Rule 11 CPC Applies and Failure to Pay Court Fee Within Time Leads to Rejection.

7 Jan 2025

The case involves a batch of original side appeals filed against the common order of a learned Single Judge of the Madras High Court rejecting the pla...

High Court

High Court of Judicature at Bombay Examines Repugnancy Between Section 28A of Bombay Civil Courts Act, 1869 and Section 299 of Indian Succession Act, 1925. Petitioner Contends That District Court Lacked Jurisdiction to Hear Appeal from Probate Revocation.

14 Feb 2014

The writ petition was filed by Smt. Nola Jonathan Ranbhise before the High Court of Judicature at Bombay, challenging the constitutional validity of S...

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