Search Results for "Jurisdiction of civil court"

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Search Results for "Jurisdiction of civil court"

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High Court

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.

28 Jan 2026

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

High Court

High Court of Karnataka Allows Writ Petition by Government Corporation Against BBMP in Property Tax Dispute — Civil Court Order Set Aside for Lack of Jurisdiction Under Section 147 of Karnataka Municipal Corporations Act, 1976. The Court Held That the Civil Court Cannot Entertain Suits Challenging Tax Assessments as the Act Provides a Complete Code Including Appeal Mechanism.

28 Aug 2023

The petitioner, Karnataka Silk Industries Corporation Ltd, a Government of Karnataka enterprise, filed a writ petition under Articles 226 and 227 of t...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Matter — Civil Court Has Jurisdiction to Examine Validity of Sale Notice Where Fraud or Irregularity Alleged. The court held that the bar under Section 34 of SARFAESI Act does not oust civil court jurisdiction when the challenge is based on fraud or violation of statutory provisions.

12 Aug 2022

The appellants, plaintiffs in the original suit, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging ...

Supreme Court

Supreme Court Dismisses Appeal in Permanent Injunction Suit — Concurrent Findings of Three Courts Upheld. Defendant's Claim of Boundary Dispute and Bar of Civil Court Jurisdiction Rejected as No Substantial Question of Law Arises.

16 Nov 2020

The present appeal arises from a suit for permanent injunction filed by the plaintiffs (respondent Nos. 1 and 2) on 31 July 1971, claiming ownership a...

High Court

Bombay High Court Allows Second Appeal in Trust Dispute Over Meeting Validity — Rejection of Plaint Upheld as Suit Barred by Section 80 of Maharashtra Public Trusts Act. The court held that civil court lacks jurisdiction to entertain disputes relating to internal management of public trusts, and the proper remedy lies before the Charity Commissioner under the Act.

5 Aug 2016

The case involves a dispute concerning the internal management of Pune Vidyarthi Griha, a society registered under the Maharashtra Public Charitable T...

High Court

Bombay High Court Dismisses Appeal Against Order Holding Civil Court Lacks Jurisdiction Over Octroi Dispute Due to Statutory Remedy Under Section 406 of BPMC Act. Preliminary Issue of Jurisdiction Decided Against Plaintiff for Not Exhausting Efficacious Remedy of Appeal.

23 Sep 2013

The appellant, Greave Cotton Limited, filed a suit (Special Civil Suit No.459 of 2010) before the 7th Civil Judge, Senior Division, Pune, challenging ...

High Court

Bombay High Court Allows Electricity Board's Petition Challenging Injunction Against Disconnection for Non-Payment of Arrears. Inherent Powers Under Section 151 CPC Cannot Be Used to Restrain Disconnection Under Section 56 of Electricity Act, 2003.

22 Dec 2006

The petitioner, Maharashtra State Electricity Board (now Maharashtra State Electricity Distribution Co. Ltd.), challenged an order passed by the Civil...

High Court

Bombay High Court Allows Petition Challenging Civil Court Decree in Tenancy Land Sale Dispute — Compromise Decree and Sale Deed Upheld as Valid. Transfer of Property Act Sections 41 and 51 Protect Bona Fide Purchaser from Ostensible Owner, and Civil Court Lacks Jurisdiction Under Bombay Tenancy and Agricultural Lands Act, 1948 Sections 85 and 63.

6 Jul 2006

The case involves a dispute over agricultural land in Baramati. One Ramchandra Ganpat Daskul owned land in Survey No.91-A (14 acres 14 gunthas) and Su...

High Court

Bombay High Court Allows Revision in Muslim Divorce Case — Civil Court Lacks Jurisdiction Over Dahej Recovery Under Muslim Women Act. Section 3 of Muslim Women (Protection of Rights on Divorce) Act, 1986 provides exclusive remedy before Magistrate for return of property given at or before marriage.

27 Mar 2006

The case involves a civil revision application filed by the original defendants (applicants) against an order of the Civil Judge, Senior Division, Dar...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Section 9-A Application in Trust Property Suit — Permission Under Section 50 of Bombay Public Trusts Act Required for Suit by Trustee. The court held that the trial court's cryptic rejection was erroneous and remanded the matter for fresh consideration of the preliminary objection regarding jurisdiction and permission under the Act.

8 Feb 2006

The case involves a Civil Revision Application filed by Lakhanlal, Omprakash, and Dilip Purohit (applicants) against an order dated 22.6.1998 passed b...

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