Search Results for "Pecuniary Limits"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "Pecuniary Limits"

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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 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

Bombay High Court Allows Second Appeal in Electricity Bill Dispute — Sets Aside Lower Appellate Court's Judgment for Non-Compliance with Order 41 Rule 31 CPC. First appellate court must independently assess evidence and give reasons for reversal of trial court's findings.

26 Feb 2014

The appellant, Sureshkumar S/o Rochiram Jagyasi, was a customer of the Maharashtra State Electricity Distribution Company Ltd. (respondent) and operat...

High Court

High Court of Karnataka Allows Appeal Against Return of Counter Claim in Civil Suit — Order 7 Rule 10 CPC Not Applicable to Counter Claims. The trial court erred in returning the counter claim under Order 7 Rule 10 CPC as that provision applies only to plaints, not counter claims; the counter claim must be dealt with under Order 8 Rule 6A CPC.

12 Jun 2023

The appellant-plaintiff, M/S. Shah Polymers, filed a suit (O.S.No.337/2008) against the respondents-defendants, M/S. Canara Poly Pack Ltd. and another...

High Court

High Court of Karnataka Allows Enhancement of Compensation in Motor Accident Claim — Deduction of Insurance Premium from Compensation Set Aside. Claimants entitled to full compensation without deduction of premium paid by employer under group insurance scheme.

4 Mar 2021

The claimants, mother, father, and brother of the deceased Sagar N, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, against the ...

High Court

Bombay High Court Allows Counter Claim in Suit for Perpetual Injunction — Order 8 Rule 6A CPC Permits Set-Off or Counter Claim Even in Injunction Suits. The court held that a counter claim arising from the same transaction cannot be excluded with liberty to file a fresh suit, as it would lead to multiplicity of proceedings.

19 Jan 2015

The petitioners, who were defendants in Regular Civil Suit No. 561 of 2014, challenged an order passed by the trial court under Order 8 Rule 6A and 6C...

High Court

Bombay High Court Allows Revision Application in Suit for Declaration and Injunction — Plaint Ordered to be Returned for Presentation to Proper Court Due to Lack of Territorial Jurisdiction. The court held that the City Civil Court at Dindoshi lacked jurisdiction over immovable property situated in Kandivali, and the plaint must be returned under Order VII Rule 10 CPC.

10 Oct 2011

The case involves a civil revision application filed by the original defendant no. 4, Manju Narendra Gupta, challenging an order of the City Civil Cou...

High Court

Bombay High Court Holds City Civil Court is District Court Under Mental Health Act, 1987 — Reference to Larger Bench Resolved. The High Court in its Ordinary Original Civil Jurisdiction is not the District Court for the purposes of the Mental Health Act, 1987.

20 Mar 2006

The case involved a reference to a larger bench to resolve a conflict between two learned single judges of the Bombay High Court regarding the interpr...

High Court

Bombay High Court Dismisses Petitioners' Challenge to Ex-Parte Decree in Specific Performance Suit — Upholds Trial Court's Refusal to Set Aside Decree Due to Delay and Lack of Sufficient Cause. The court held that the application under Order IX Rule 13 CPC was time-barred and that the petitioners failed to demonstrate any valid reason for their absence in the suit.

30 Nov -0001

The case involves a writ petition and a civil revision application filed by the petitioners, who were defendants in a suit for specific performance of...

Supreme Court

Supreme Court Hears Reference on Interpretation of Section 9A CPC (Maharashtra Amendment) — Jurisdiction Includes Limitation. The court examines whether the expression 'jurisdiction of the Court to entertain such suit' under Section 9A includes the issue of limitation, doubting the correctness of Foreshore Cooperative Housing Society v. Praveen D. Desai.

4 Oct 2019

The Supreme Court considered a reference made by a Division Bench doubting the correctness of the decision in Foreshore Cooperative Housing Society Li...

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