Search Results for "civil suit stay"

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Search Results for "civil suit stay"

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High Court

Bombay High Court Converts Writ Petition into Suo Motu PIL over Illegal Construction on CIDCO Land; Appoints Court Receiver to Survey Occupants. Unauthorised structure built without any permissions on acquired land, despite repeated demolitions and stay orders, led the Court to take suo motu cognizance and restrain civil suits while considering demolition.

11 Mar 2024

The Bombay High Court, in a suo motu writ petition arising from a private writ, addressed rampant unauthorised construction on government-acquired lan...

High Court

Bombay High Court Dismisses Petition Seeking Stay of Suit Pending Probate Proceeding — No Automatic Stay of Civil Suit Under Section 10 CPC When Probate Proceeding Is Not a Previously Instituted Suit

19 Mar 2013

The petitioner, Chandrashekhar Kashinath Patange, filed a writ petition challenging the order dated 6/7/2012 passed by the City Civil Court, Greater B...

High Court

Bombay High Court Dismisses Petition for Stay of Suit Under Section 10 CPC — No Identity of Subject Matter Between Two Suits. The court held that a suit for dissolution of partnership and accounts is not directly and substantially the same as a suit for induction as a partner and injunction, and therefore Section 10 CPC does not apply.

23 Dec 2005

The petitioners, M/s. Sadguru Constructions and another, filed a writ petition challenging an order dated 6.10.2005 passed by the 8th Joint Civil Judg...

High Court

Bombay High Court Allows Writ Petition Challenging Stay of Eviction Suit Under Section 10 CPC — Jurisdictional Difference Between Small Causes Court and Civil Court Precludes Stay. The Court held that a suit for eviction under the Provincial Small Cause Courts Act, 1887 and Maharashtra Rent Control Act cannot be stayed under Section 10 CPC pending a prior declaratory suit before a Civil Court under Section 9 CPC, as the matters in issue are not directly and substantially the same.

5 Aug 2020

The petitioner, Rahul Subhash Bothra, filed Regular Civil Suit No. 41 of 2015 before the Civil Judge Junior Division, Ghodnadi, Shirur, Pune, seeking ...

High Court

Bombay High Court Dismisses Revision Against Refusal to Stay Suit on Ground of Res Judicata — Previous Suit Against Different Party Does Not Bar Subsequent Suit Against Different Defendants. Section 10 CPC Requires Same Parties for Stay; Inherent Powers Under Section 151 Cannot Be Used to Bypass Statutory Conditions.

5 Mar 2014

The present Civil Revision Application was filed by the applicants (defendants in Regular Civil Suit No.515 of 2007) against the order of the 8th Join...

High Court

Bombay High Court Considers Writ Petition Challenging Rejection of Stay Application Under Section 10 CPC in Commercial Suit — Decision Not Provided in Extracted Text. The court examined whether proceedings before Company Law Board and pending SLPs constitute a previously instituted suit for stay of commercial recovery suit.

21 Sep 2021

The writ petition arose from an order passed below Exhibit-144 in Special (Commercial) Civil Suit No.23/2017 (earlier S.C.S. No.422/2003) rejecting th...

High Court

Bombay High Court Upholds Stay of Civil Suit Pending Arbitration in Joint Venture Dispute. Arbitration Clause in Joint Venture Agreement Mandates Reference to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996.

24 Dec 2013

The petitioner, M/s Eagle AgroFarm Private Limited, owned certain properties and entered into a Joint Venture Agreement dated 9 May 2006 with Responde...

High Court

Bombay High Court Dismisses Writ Petition Challenging Temporary Injunction in Property Dispute — Sale During Pendency of Suit Held Subject to Lis Pendens. The Court upheld the concurrent findings of the trial and appellate courts that the purchasers failed to establish a prima facie case for injunction as the sale was hit by lis pendens under Section 52 of the Transfer of Property Act, 1882.

28 Nov 2013

The petitioners, Manoj Ratilalbhai Chouhan and his wife Rajashri, filed a suit for declaration of ownership and permanent injunction in respect of Sho...

High Court

Bombay High Court Dismisses Husband's Petition to Stay Nullity Proceedings in Family Court — Stay of Civil Proceedings Not Automatic Despite Pending Criminal Case. The court held that mere embarrassment is not sufficient to stay civil proceedings; the petitioner must show serious prejudice.

14 Dec 2017

The petitioner-husband filed a writ petition challenging the order of the Family Court, Pune dated 4 June 2016, which rejected his application under S...

High Court

Bombay High Court Considers Notice of Motion for Rejection of Plaint in Trust Suit Under Order VII Rule 10A CPC. The Court Examines Whether Non-Compliance with Order VII Rule 10A CPC and Limitation Bar the Freshly Filed Suit.

22 Aug 2013

The matter arose from a Notice of Motion taken out by defendant no.7 in a trust dispute suit pending before the Bombay High Court. The plaintiff claim...

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