Search Results for "Ordinary Original Civil Jurisdiction"

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Search Results for "Ordinary Original Civil Jurisdiction"

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High Court

Bombay High Court Hears Preliminary Issue on Jurisdiction Over Originating Summons in Lease Dispute Where Defendant Has Filed Separate Eviction Suit. The Court Examines Whether the Filing of a Suit Under Section 41 of the Presidency Small Cause Courts Act, 1882, After the Originating Summons Ousts the High Court's Jurisdiction.

29 Apr 2014

This case involved a dispute between Century Textiles and Industries Ltd. (plaintiff) and Nusli Neville Wadia (defendant) arising out of a 999-year le...

High Court

Bombay High Court Overrules Earlier View on Small Cause Court Jurisdiction — Holds That Investment Under Section 28 of Bombay Civil Courts Act, 1869 Does Not Confer Unlimited Pecuniary Jurisdiction. The court ruled that the pecuniary ceiling under Section 26 of the Provincial Small Cause Courts Act, 1887 applies to courts invested with small cause powers under Section 28 of the 1869 Act, overruling Salimkhan v. Mohammad Ibrahimkhan.

5 Oct 2010

The case arose from a reference by a learned Single Judge (Shri B.P. Dharmadhikari, J.) who disagreed with an earlier decision in Salimkhan v. Mohamma...

High Court

High Court of Karnataka Quashes Trial Court Order Issuing Regular Summons in Summary Suit — Directs Fresh Summons Under Form No.4 CPC. Court Holds That in a Summary Suit Under Order XXXVII CPC, the Trial Court Must Issue Summons in Form No.4 and Cannot Suo Motu Decide Maintainability at the Stage of Issuing Summons.

13 Aug 2025

The petitioner, engaged in the business of gems and jewellery, filed a suit under Order XXXVII of the Code of Civil Procedure, 1908, seeking summary r...

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...

Supreme Court

Supreme Court Allows Decree Holder's Appeal in Execution of Foreign Money Decree Under Section 44A CPC. High Court of Delhi Held to Have Jurisdiction as Principal Civil Court of Original Jurisdiction When Decretal Amount Exceeds Pecuniary Limits Under Section 5(2) of Delhi High Court Act, 1966.

28 Jan 2022

The dispute arose from the execution of a money decree dated 7th February 2006, passed by the High Court of Justice, Queen’s Bench Division, Commerc...

High Court

Bombay High Court Dismisses Revision Against Civil Court's Jurisdiction in Saranjam Property Dispute. The court held that the Bombay Rent-Free Estates Act, 1852 and Exemptions from Land Revenue Acts, 1863 do not bar civil court jurisdiction over title and possession of Saranjam properties.

27 Apr 2015

The case involves a Civil Revision Application filed by the original defendant no. 1 challenging an order dated 22 February 2005 passed by the Joint C...

High Court

Bombay High Court Dismisses Judgment Debtors' Writ Petitions Challenging Attachment in Execution of Foreign Decree. Court Holds That Objections Under Order 21 Rule 58 CPC Must Be Raised Before Executing Court, Not by Writ Petition.

30 Nov -0001

The judgment pertains to two writ petitions filed by judgment debtors challenging the attachment of their property in execution of a foreign decree. T...

High Court

Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

18 Oct 2013

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Land Outside Jurisdiction Despite Leave Under Clause XII. Clause XII Leave Cannot Confer Jurisdiction Where Entire Cause of Action Arises Outside Original Civil Limits.

21 Dec 2011

The plaintiffs filed a suit for specific performance of an oral agreement for sale of agricultural land situated at Aundh, Pune, which is outside the ...

High Court

Bombay High Court Allows Execution of Foreign Decrees by Mauritius-Based Companies Against Indian Debtors Under Section 44A CPC. The court held that decrees from reciprocating territories are directly executable in India without a fresh suit, and the Commercial Division has jurisdiction over such applications.

26 Apr 2018

The judgment involves three execution applications filed by foreign decree holders (Global Asia Venture Company, Matrix Partners India Investment Hold...

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