Search Results for "Civil Jurisdiction"

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Suit for Injunction Regarding Performance of Pooja — Civil Court Has Jurisdiction to Try Suit Relating to Private Civil Rights of Shebait Despite Trust Act Provisions.

The petitioner, original defendant No.1 (Shri Datta Deosthan Trust), filed a Civil Revision Application under Section 115 CPC challenging the order da...

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High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Cannot Be Invoked After Decree Is Passed. Execution Court Erred in Staying Execution Based on Subsequent Suit Filed by Judgment Debtor After Decree.

The petitioners (decree holders) obtained a decree for possession in O.S. No. 79/2003 (originally O.S. No. 3/1971) against the respondent (judgment de...

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Bombay High Court Allows Appeal by State in Vehicle Registration Dispute — Civil Court Jurisdiction Barred Under Motor Vehicles Act, 1988. Refusal to Register Vehicle as Transport Vehicle Must Be Challenged Before State Transport Appellate Tribunal, Not Civil Court.

The case involves a dispute over the registration of a vehicle as a transport vehicle. The plaintiff, Yeshwant Narayanrao Thakre, purchased a Mini-Doo...

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Bombay High Court Dismisses Second Appeal in Partnership Dispute, Upholds Small Causes Court Jurisdiction. Fixed monthly payment of Rs.1,500/- to one partner held permissible under partnership deed, and oral evidence inconsistent with written terms cannot be considered.

The case involves a second appeal filed by the original defendants (appellants) against the judgment of the Ad-hoc District Judge-2, Nagpur, dismissin...

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High Court of Judicature at Bombay Considers Writ Petition Against Industrial Tribunal Award. Award Directed Reinstatement of Workman Dismissed During Conciliation as Void Under Section 33(1)(a) of Industrial Disputes Act, 1947.

The dispute arose from the charge-sheet issued on 28 January 1997 by M/s. Gulf Air to its employee Vinod Malhotra, a Passenger Service Supervisor and ...

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Bombay High Court Dismisses Application to Set Aside Insolvency Notice in Debt Recovery Matter — Debt Recovery Tribunal's Decree Constitutes a Final Judgment Under Section 9(2) of Presidency-Towns Insolvency Act, 1909.

The judgment debtor, Deepak Cochhar and another, filed a notice of motion seeking to set aside Insolvency Notice No. N/72 of 2004 issued by the Insolv...

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Bombay High Court Dismisses Revision Against Civil Court's Jurisdiction in Waqf Property Lease Dispute. Civil Court Not Barred from Entertaining Suit for Declaration of Lease Subsistence as Dispute Does Not Fall Under Waqf Tribunal's Exclusive Jurisdiction Under Section 85 of the Waqf Act, 1995.

The case involves a civil revision application filed by Sohail Azam, original defendant No.1, against an order of the Civil Judge, Senior Division, Bi...