Search Results for "Civil Jurisdiction"

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Bombay High Court: Partition Suit Involving Properties Outside Jurisdiction Requires Clause XII Leave; Plaint Rejected Under Order VII Rule 11 CPC for Partial Partition Bar | Renu Balwant Maru v. Bupendra Damjibhai Tank & Ors.

The Bombay High Court held that a partition suit involving immovable properties situated partly outside its territorial jurisdiction is a “Suit ...

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Bombay High Court Holds Appeals Against Special Court Orders Outside Bench's Territorial Limits Lie Only to Principal Seat. Territorial Jurisdiction Determined by Location of Court, Not Place of Offence Under Chapter XXXI of Bombay High Court Appellate Side Rules, 1960.

The case involved a reference to a Larger Bench of the Bombay High Court at Aurangabad to determine the territorial jurisdiction for appeals against o...

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Bombay High Court Dismisses Appeal Against Summary Judgment in Commercial Contract Dispute. Exclusive Jurisdiction Clause in Purchase Order Held Inapplicable as No Cause of Action Arose at Stipulated Venue.

The respondent, Shell Life Sciences Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the appellant, Aglowm...

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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.

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

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Gujarat High Court Allows Second Appeal in Service Dispute, Sets Aside Back-Wages Award for Exceeding Pleadings. Appellate Court Erred in Granting Back-Wages Without Claim and Without Considering Jurisdiction of Civil Court Under Section 100 CPC.

The case involves a Second Appeal filed by Amreli Nagarpalika and another against Ashwinbhai Shantilal Goradia, challenging the judgment and decree of...

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Bombay High Court Dismisses Petition Challenging Demolition Notice Under Section 354A of Mumbai Municipal Corporation Act, 1888 — Alternative Remedy Under Section 351 Available.

The petitioner, Abdul Karim Ahmed Mansoori, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 1st August...