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Search Results for "Transfer of suit"

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Supreme Court

Supreme Court Allows Transfer of Civil Suit Filed Against Legal Aid Society from Ludhiana to Delhi to Avoid Prejudice. Section 25 CPC Transfer Granted as Respondent Failed to Appear and Continuation in Ludhiana Would Cause Inconvenience to the Society.

3 Dec 2021

The Supreme Court Middle Income Group Legal Aid Society filed a transfer petition under Section 25 of the Code of Civil Procedure, 1908, seeking trans...

Supreme Court

Supreme Court Dismisses Appeal in Design Infringement Suit Transfer Case — Commercial Court at District Level Competent to Decide Cancellation of Design Under Section 22(4) of Designs Act, 2000. Transfer to High Court Not Mandatory Where High Court Lacks Ordinary Original Civil Jurisdiction.

1 Dec 2020

The present appeal arose from a suit filed by the respondent, M/s. Mold Tek Packaging Ltd., against the appellant, S.D. Containers Indore, seeking a d...

Supreme Court

Supreme Court Transfers Partition Suit to Bombay High Court for Clubbing with Testamentary Proceeding — Primacy of Probate Court in Will Validity Issues. Transfer Ordered to Avoid Inconsistent Findings as Common Assets Exist Between Partition Suit and Testamentary Petition Under Indian Succession Act, 1925.

18 Jun 2020

The petitioners, Shamita Singha and Masoom Singha, are daughters of Late Pawan Kumar Singha from his first marriage. They sought transfer of a suit fo...

High Court

Bombay High Court Allows Transfer of Suit from Kolhapur to Bombay Due to Applicant's Ill Health and Respondent's Alternate Address. Transfer Granted Under Section 24(1)(b)(i) CPC as Balance of Convenience Favored Applicant, Who Was 76 and Suffering from Diabetes, While Respondent Had a Mumbai Address.

9 Feb 2016

The applicant, Shri Ganpat D. Kulthe, aged 76 and a retired individual suffering from diabetes, filed a Miscellaneous Civil Application under Section ...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Application Objecting to Continuance of Eviction Suit Under Maharashtra Rent Control Act, 1999. The court held that once the Rent Act applies, the Civil Court cannot proceed with eviction suits even if filed prior to the Act's commencement, and the suit must be transferred to the appropriate Rent Court.

30 Jun 2015

The petitioners, M/s. Kwality Rubber Works and others, were tenants of a godown located at Vadkun, Dahanu. The respondent landlord filed Regular Civil...

High Court

Bombay High Court Dismisses Revision Against City Civil Court's Jurisdiction in Property Suit — Preliminary Issue on Jurisdiction Decided Against Applicant. Court holds that City Civil Court has jurisdiction to try suit for specific performance and injunction where property value exceeds its pecuniary limits but suit was transferred from High Court under Section 15 of Bombay City Civil Court Act, 1948.

21 Jan 2015

The case involves a Civil Revision Application filed by the original defendant (applicant) against an order dated 19th May 2014 passed by the learned ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Transfer of Suit to Junior Division Court. Section 15 CPC Allows Suit to Be Tried by Lowest Competent Court Regardless of Previous Decree by Senior Division.

18 Jul 2013

The petitioners filed a writ petition challenging the dismissal of their application for transfer of Regular Civil Suit No.663 of 2000 from the Court ...

High Court

Bombay High Court Allows Transfer of Civil Suit from Malegaon to Aurangabad on Grounds of Convenience and Safety of Applicant Wife. The Court held that under Section 24 CPC, the balance of convenience favours the wife who resides in Aurangabad and faces difficulty in traveling to Malegaon.

21 Mar 2013

The applicant, Bismillah w/o Mirza Muzahid Beg, filed a Misc. Civil Application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer...

High Court

Bombay High Court Allows Appeal of Food Corporation of India Against Railway Claims Tribunal Order Dismissing Claim for Non-Compliance of Section 80 CPC. Notice Under Section 80 CPC Not Required for Claims Before Railway Claims Tribunal as It Is Not a Civil Court.

7 Feb 2006

The Food Corporation of India (FCI) filed a suit in the Civil Court at Jalgaon on 15.10.1981 for recovery of Rs.30,125/- due to short delivery of 241 ...

High Court

Bombay High Court Dismisses Transfer Application and Upholds Setting Aside of Abatement in Tenancy Suit. Allegations of bias against trial judge not substantiated; condonation of delay in bringing legal representatives justified to avoid multiplicity of litigation.

22 Aug 2005

The applicants, Ezu Joseph Fernandes and others, filed a miscellaneous civil application before the Bombay High Court challenging two orders: (1) the ...

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