Search Results for "Civil Jurisdiction"

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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 "Civil Jurisdiction"

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High Court

Bombay High Court Dismisses Revision Against Trial Court's Finding of Civil Court Jurisdiction in Land Acquisition Dispute. Civil Court Has Jurisdiction to Entertain Suit for Injunction Despite Bar Under Section 22 of Maharashtra Project Affected Persons and Rehabilitation Act, 1986, as the Suit Challenges Unauthorized Possession, Not Acquisition Proceedings.

22 Dec 2022

The present Civil Revision Application was filed by the State of Maharashtra and others (original defendants) challenging the order dated 18.02.1998 p...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Condonation of Delay and Setting Aside of Abatement in Civil Suit Kept Sine Die Pending Tenancy Issue. Legal Heirs Brought on Record in Connected Tenancy Proceedings Sufficient to Keep Suit Alive Under Section 58(2) of Goa Tenancy Act, 1964.

10 Sep 2024

The petitioners, legal heirs of the original defendant Anand Visvambora Bandodkar, challenged the order of the First Appellate Authority dated 31.3.20...

High Court

Bombay High Court Dismisses Application for Perjury Proceedings Under Section 340 CrPC Against Respondents in Property Dispute — No Prima Facie Case of Forgery or False Evidence Established. The Court Held That Before Initiating Proceedings Under Section 340 CrPC, the Accused Must Be Heard, and the Applicant Failed to Prove Intentional Falsehood.

22 Dec 2018

The judgment pertains to a Civil Application filed under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973 (CrPC) by Satyanara...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Sale Under SARFAESI Act — Petitioner Failed to Deposit 25% of Sale Price. Condition Precedent Under Rule 9(3) of Security Interest (Enforcement) Rules, 2002 Not Fulfilled, and Alternative Remedy Under Section 17 of SARFAESI Act Available.

23 Dec 2025

The petitioner, an individual aged about 70 years, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court c...

Supreme Court

Supreme Court Allows Appeal in Maintenance and Paternity Dispute — Holds That Family Court Cannot Reopen Paternity When Civil Court's Finding on Legitimacy Has Attained Finality. The presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, when conclusively established by a competent civil court, bars a subsequent maintenance proceeding from determining paternity against a third party.

1 Jan 2025

The case involves a long-standing dispute over the paternity and maintenance of a child born to a married woman. The respondent, Milan Joseph, was bor...

High Court

Bombay High Court Upholds Tenants' Right to Park in Building Compound as Part of Leasehold Rights — Injunction Granted Against Landlord's Interference. Parking rights held to be incidental to tenancy where rent includes parking charges and tenants have used open space from inception.

2 Sep 2011

The appeal arises from a suit filed by Respondent Nos.1 to 10 (original Plaintiffs) seeking a permanent injunction against the Appellant, United India...

High Court

High Court Dismisses Review Petition with 1495 Days Delay in Arbitration Appointment Case — No Sufficient Cause Shown for Inordinate Delay.

22 Aug 2019

The present review petition was filed by Electronics & Controls Power Systems Private Limited under Order 47 Rule 1 read with Section 114 of the Code ...

High Court

Bombay High Court Allows Civil Revision Application and Rejects Plaint in Money Recovery Suit, Holding Civil Court Barred Under West Bengal Cooperative Societies Act, 2006. The Court Rules that Section 102(1)(d) and Section 145 of the West Bengal Cooperative Societies Act, 2006 Expressly Bar Civil Court Jurisdiction Over Disputes Between a Cooperative Society and Any Person Having Transactions with It.

23 Apr 2018

Background: The dispute arose from a money recovery suit filed by the respondents, who had supplied cotton bales to applicant No.1, a cooperative spin...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Mutation Entry in Revenue Records — Mutation Entry Does Not Confer Title; Remedy Lies Before Civil Court. The court held that mutation entries are only for fiscal purposes and do not determine title, and that disputed questions of title must be adjudicated by a civil court, not in writ jurisdiction.

5 Jan 2022

The petitioner, Shri Divakar R. Dalvi, filed a writ petition under Article 226 of the Constitution of India before the High Court of Bombay at Goa, ch...

High Court

Bombay High Court Dismisses Husband's Petition to Stay Nullity Proceedings in Family Court — Stay of Civil Proceedings Not Automatic Despite Pending Criminal Case. The court held that mere embarrassment is not sufficient to stay civil proceedings; the petitioner must show serious prejudice.

14 Dec 2017

The petitioner-husband filed a writ petition challenging the order of the Family Court, Pune dated 4 June 2016, which rejected his application under S...

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