Search Results for "Provincial Small Cause Courts Act"

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Search Results for "Provincial Small Cause Courts Act"

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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 Dismisses Landlords' Petition Challenging Small Causes Court's Power to Grant Injunction in Landlord-Tenant Dispute. Small Causes Court Has Jurisdiction Under Section 26 of Provincial Small Causes Court Act, 1887 to Grant Temporary Injunction Even When Third Party Claims Tenancy.

19 Dec 2005

The case involves a writ petition filed by the landlords, Subhash s/o Stnarayan Joshi and another, challenging orders of the Small Causes Court and th...

High Court

Bombay High Court Dismisses Writ Petition Against Rejection of Order 7 Rule 11 CPC Application in Eviction Suit — Maintainability Under Article 227 Not Available When Revision Under Section 115 CPC Lies. Composite Application Including Issues Beyond Plaint Rejection Does Not Convert Order into One Not Subject to Revision.

18 Dec 2019

The petitioner, Jasraj Lalaji Oswal, was the defendant in Civil Suit No. 9 of 2016 filed by the respondents (plaintiffs) seeking his eviction. In that...

High Court

Bombay High Court Holds Revision Under Section 115 CPC Not Maintainable Against Small Causes Court Decree Under Section 26A of Provincial Small Cause Courts Act, 1887; Writ Under Article 227 Is Maintainable. The court resolved a conflict between two single judge decisions regarding the remedy available against decrees passed under Section 26A of the Provincial Small Cause Courts Act, 1887.

7 Dec 2016

The case involved two writ petitions placed before a larger bench due to a conflict of decisions by single judges of the Bombay High Court regarding t...

High Court

Bombay High Court Dismisses Petition Challenging Refusal to Frame Preliminary Issue in Rent Act Proceedings. Maintainability of Application Under Section 13A(2) of Bombay Rents Act Involves Mixed Questions of Law and Fact and Cannot Be Decided as Preliminary Issue.

5 Jun 2006

The case involves two writ petitions under Article 227 of the Constitution challenging an order dated 7th October 2004 passed by the competent authori...

High Court

Bombay High Court Allows Tenant's Petition Against Dismissal of Application to Set Aside Ex Parte Decree for Non-Compliance of Section 17(1) of Provincial Small Cause Courts Act, 1887. Held That Compliance with Section 17(1) Is Not a Condition Precedent for Entertaining Application Under Order 9 Rule 13 CPC.

5 Oct 2015

The petitioners, tenants, were subjected to an ex parte decree for eviction and possession passed by the Court of Small Causes on 19.09.2013 under Sec...

High Court

Bombay High Court Upholds Landlords' Eviction Decree in Rent Control Case — Review Maintainable for Error of Law Apparent on Record. Section 106 of Transfer of Property Act, 1882 not applicable to proceedings under Maharashtra Rent Control Act, 1999.

15 Sep 2015

The dispute in this writ petition arises from an eviction suit filed by the landlords (respondents) against the tenant (petitioner) under Section 16(1...

High Court

Bombay High Court Clarifies Revisionary Powers Under Section 154 of Maharashtra Co-operative Societies Act — Concurrent Jurisdiction and Single Exercise of Power. The court held that Section 154(1) does not confer concurrent jurisdiction on the Registrar and State Government, and the revisional power can be exercised only once.

21 Apr 2011

The Bombay High Court, in a common judgment, addressed two sets of questions of law referred by a learned single Judge concerning Section 154 of the M...

High Court

Bombay High Court Allows Civil Revision Application in Execution Proceedings — Decree Holder Cannot Seek Execution Against Legal Representatives Without Proper Substitution. The court held that execution against legal representatives of a deceased judgment-debtor without substituting them in place of the deceased is not maintainable under Order 21 Rule 22 of the Code of Civil Procedure, 1908.

14 Feb 2014

The case involves a civil revision application filed by the legal representatives of the original defendant (Sukhlal Bhivsan Dhobi) against the decree...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rent Recovery Decree — Concurrent Findings of Fact Not Interfered With Under Article 227. Small Causes Court had jurisdiction under Section 26 of Provincial Small Cause Courts Act, 1887 to decree arrears of rent.

27 Oct 2014

The petitioner, original defendant, challenged the decree passed by the Small Causes Court at Nagpur in Regular Civil Suit No. 40/2000, which was conf...

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