Search Results for "Civil Jurisdiction"

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Supreme Court Upholds Return of Plaint in Commercial Dispute Case — Immovable Property Not Used Exclusively in Trade or Commerce. Agreement to Sell and Mortgage Deed Registration Dispute Falls Outside Commercial Courts Act, 2015 as Land Was Not Pled to Be Used for Trade or Commerce.

The appellant, Ambalal Sarabhai Enterprises Ltd., filed a Commercial Civil Suit No. 41/2018 before the Commercial Court at Vadodara seeking enforcemen...

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Bombay High Court Hears Appeal on Section 9A CPC Issue Concerning Land Rights. Court Considers Whether Trial Court Must Decide Jurisdiction Application Before Interim Relief in Suit Involving Salsette Act and Land Revenue Code.

The appeals from order were heard finally at admission stage on a preliminary issue raised by the appellant under Section 9A of the Code of Civil Proc...

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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.

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

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Supreme Court Allows Appeal in Civil Procedure Case — Suit Must Proceed De Novo After Plaint Returned for Lack of Jurisdiction. Exclusive Jurisdiction Clause in Agreement Ousts Jurisdiction of Gurgaon Court, Rendering Proceedings Void Ab Initio Under Order VII Rule 10 CPC.

The Supreme Court considered a reference arising from a suit for recovery filed by the respondent against the appellant based on a franchise agreement...

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Bombay High Court Dismisses Shareholder Suit Challenging Director Appointments for Lack of Jurisdiction. Dispute Over Rights Under Articles of Association Falls Within Exclusive Jurisdiction of Company Law Board Under Companies Act, 1956.

The suit was filed by shareholders of a banking company, Yes Bank, challenging resolutions relating to the appointment of directors and seeking declar...

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Bombay High Court Dismisses Revision Against Order Rejecting Objection to Territorial Jurisdiction in Service Termination Suit. Plaintiff's Cause of Action Arose at Nagpur Where She Worked and Was Terminated, Conferring Jurisdiction on Nagpur Courts Under Section 20(c) CPC.

The respondent/plaintiff, Mrs. Archana Dongre, was employed as a Relationship Manager with HDFC Bank Limited at its Nagpur branch. Her services were t...