Search Results for "preliminary decision"

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Bombay High Court Dismisses Appeal in Suit for Possession Against Daughter-in-Law — Jurisdiction of Civil Court Upheld Where Ownership is Disputed. Preliminary Issue Decided Against Gratuitous Licensee Defence Under Section 41 of Presidency Small Cause Courts Act, 1882.

The appeal arose from an order of a learned Single Judge dated 16 March 2012 deciding a preliminary issue of jurisdiction. The first appellant is the ...

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Bombay High Court Upholds Maintainability of Civil Suit Challenging MRTP Act Notice — Preliminary Issue Under Section 9A CPC Decided in Favor of Plaintiff. Court holds that bar under Section 149 of MRTP Act does not apply to notices under Section 53(1) of the Act.

The petitioner, Prathamesh Tower Cooperative Housing Society Limited, challenged an order passed by the trial court on a preliminary issue under Secti...

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Bombay High Court Dismisses Revision Against Order Holding Suit Maintainable Despite MRTP Act Bar. Civil Court Jurisdiction Not Ousted Under Section 149 of MRTP Act Where Dispute Involves Title and Possession, Not Just Planning Violations.

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated 22/3/2013 passed by ...

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Bombay High Court at Goa Dismisses Petition Challenging Rent Controller's Inquiry into Landlord-Tenant Relationship Under Section 35 of Goa Rent Control Act. Court upholds Rent Controller's jurisdiction to decide preliminary issue of relationship before granting relief of restoration of electricity.

The case involves a dispute between Shri Pandurang Damodar Kamat (Petitioner) and Shri George Veerampully (Respondent) regarding the restoration of el...

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High Court of Karnataka Quashes Land Acquisition Notifications for Lack of Public Purpose and Non-Compliance with KIADB Act. Acquisition for Bangalore Water Supply and Sewerage Board fails as the Board is not an industrial concern under Section 2(7) of the Karnataka Industrial Areas Development Act, 1966.

The petitioners, owners of agricultural lands in Amani Bellandur Khane Village, Varthur Hobli, Bangalore East Taluk, challenged the preliminary notifi...

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Bombay High Court Allows Writ Petition, Sets Aside Executing Court Order Declining Injunction Due to Functus Officio. Executing Court Retains Jurisdiction Under Section 47 CPC Even After Sending Precept to Collector for Partition, Can Grant Ancillary Reliefs.

The dispute arose from a protracted partition litigation spanning nearly six decades. A decree for administration of an estate and partition was pass...