Search Results for "Presidency Small Cause Courts Act, 1882"

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Search Results for "Presidency Small Cause Courts Act, 1882"

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High Court

High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

5 Mar 2012

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

High Court

Bombay High Court Allows Appeal Against Remand Order in Partnership Dispute — Unregistered Partnership Bar Under Section 69(2A) of Indian Partnership Act, 1932 Applies to Suit for Accounts and Dissolution. The court held that the trial court must frame and decide the preliminary issue of maintainability under Section 69(2A) before proceeding with the suit.

11 Jul 2011

The appeal arose from a suit filed by the plaintiff (Respondent No.1) against the defendants (Appellants) seeking accounts and dissolution of an unreg...

High Court

Bombay High Court Allows Appointment of Arbitrator in Leave and License Agreement Dispute Under Section 11 of Arbitration and Conciliation Act, 1996. Court Holds That Existence of Arbitration Clause and Disputes Justify Appointment, Leaving Issues of Limitation and Validity to Arbitrator.

5 May 2022

The applicant, Bafna Motors Private Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment o...

High Court

Bombay High Court Allows Writ Petition Challenging Appellate Order in Leave and License Dispute — Interim Relief Granted to Licensee Pending Suit. The court held that the licensee had a prima facie case and balance of convenience in its favour, and the license was irrevocable under Section 60(b) of the Indian Easements Act, 1882.

22 Dec 2023

The petitioner, Wework India Management Private Limited, filed a writ petition under Article 227 of the Constitution of India challenging an order dat...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Section 9 Application for Unregistered Partnership Firm. Section 69(3) of the Partnership Act, 1932 Bars Interim Relief Under Arbitration and Conciliation Act, 1996 for Unregistered Firm.

15 Dec 2006

The appellant, Masood Mohmmed Husain, filed an appeal against the rejection of his application under Section 9 of the Arbitration and Conciliation Act...

Supreme Court

Supreme Court Allows Appeal in Partnership Law Case on Maintainability of Suit by Unregistered Firm. The Court held that Section 69(2) of the Indian Partnership Act, 1932 does not bar a suit for declaration and injunction based on fraud and statutory rights, as it does not involve enforcement of contractual rights.

31 Jan 2022

The appeal arose from a suit filed by an unregistered partnership firm, Shiv Developers, seeking declaration and injunction to nullify a sale deed dat...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Property Dispute. Court holds that Order 7 Rule 11(d) CPC requires the plaint to be read as a whole and the defence cannot be considered for deciding whether the suit is barred by law.

26 Feb 2013

The petitioners, original defendants, filed a Civil Revision Application under Section 115 CPC challenging the order dated 26.04.2011 passed by the Ci...

High Court

Bombay High Court Allows Appeal in Bombay Public Trust Act Suit for Declaration and Possession, Dismisses Suit as Property Not Trust Property. Earlier Suit for Injunction Dismissed for Lack of Jurisdiction Did Not Bar Subsequent Suit Under Order 2 Rule 2 CPC, and Suit Was Within Limitation.

3 Dec 2018

The dispute pertained to a claim by Seth Kasturmal Dalsukh Dharmashala, a registered public trust, that certain property at Dondaicha, District Dhule,...

High Court

Bombay High Court Upholds Eviction Decree in Slum Area Case — Setting Aside of Slum Declaration After Suit Filing Does Not Render Suit Void Ab Initio. The court held that once the notification under Section 4 of the Maharashtra Slum Areas Act, 1971 is set aside, the prohibition against filing suit without permission is removed retrospectively.

18 Nov 2019

The case involves a reference to a larger bench due to conflicting views of two learned Single Judges of the Bombay High Court on the effect of a decl...

High Court

High Court of Karnataka Allows Appeal in Partnership Dispute — Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

25 Nov 2022

The appellant (defendant) challenged the judgment of the II Additional Civil Judge (Sr. Dvn.) Hubballi in RA No.126/2004 dated 12.12.2006, which rever...

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