Search Results for "originating summons"

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Search Results for "originating summons"

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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

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...

High Court

Bombay High Court Allows Originating Summons in Trust Interpretation Case Under Rule 238. Court Holds That Questions Regarding Interpretation of Superannuation Trust Deed Are Maintainable Under Rule 238 of Bombay High Court (Original Side) Rules.

28 Apr 2005

The present Originating Summons was filed by the plaintiffs, Mr. S. Sundara Raman and another, seeking interpretation of certain clauses of a trust de...

High Court

Bombay High Court Considers Originating Summons Regarding Interpretation of Will and Executor’s Discretion. Questions Raised Include Validity of Purchase of Bungalow Instead of Flat and Nature of Bequeath to Plaintiff and Granddaughter Under Clauses 15, 6, 7, etc.

19 Jan 2005

The present originating summons arose from disputes concerning the last will and testament of Mrs. Pillo M. Ghaswala, who died on 7 October 1989. The ...

High Court

Bombay High Court Delivers Judgment in Cross Appeals Over Interpretation of Trust Deed and Maintainability of Originating Summons. The Court Considers Whether Questions Pertaining to Trust Administration Fall Within the Exclusive Domain of the Charity Commissioner Under the Bombay Public Trusts Act, 1950.

6 Nov 2012

This judgment arose from cross appeals against a Single Judge's order dated 5 March 2012 in an Originating Summons filed by Charu K. Mehta, a permanen...

High Court

Bombay High Court considers rejection of plaint under Order VII Rule 11 and Order XXIII CPC in suit by trustee alleging siphoning of funds from trust. Defendants seek dismissal on grounds of forgery, abuse of process, and frivolous pleadings.

24 Mar 2014

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High Court

Bombay High Court Considers Challenge to Transfer of Writ Petitions and Contempt Petition from Aurangabad Bench to Principal Seat Under Bombay High Court (Appellate Side) Rules, 1960. Legality of Chief Justice's Administrative Transfer Orders and Validity of Proviso to Rule 2 of Chapter XXXI Raised.

11 Dec 2014

The Bombay High Court heard three writ petitions filed by the Lawyers' Forum for General Utility & Litigating Public, Aurangabad, challenging the admi...

Supreme Court

Supreme Court Holds High Court Has Exclusive Jurisdiction Under Section 29A(4) of Arbitration Act for Extension of Time. The term 'Court' in Section 29A(4) is interpreted to mean the High Court, not the Civil Court, to ensure uniformity and avoid multiplicity of proceedings.

1 Jan 2026

The case arose from a dispute between Jagdeep Chowgule (appellant) and Sheela Chowgule & Ors. (respondents) concerning the jurisdiction to entertain a...

High Court

Bombay High Court Quashes Search and Seizure Conducted by Karnataka Police in Maharashtra Without Jurisdiction — Warrant Issued by Magistrate Outside Territorial Limits Invalid Under CrPC. The court held that a Magistrate cannot issue a search warrant for execution outside his territorial jurisdiction without following Sections 78 or 79 of the Code of Criminal Procedure, 1973, and the seizure based on such invalid warrant is illegal.

7 May 2021

The petitioners, traders in Nagpur, Maharashtra, challenged the seizure of rice bags from their godowns by the Karnataka Police (respondent No.1) acti...

High Court

Bombay High Court Dismisses Application for Additional Evidence in Appeal Against Order Refusing Revocation of Administrator. Order XLI Rule 27 CPC requires strict proof of due diligence for admitting additional evidence at appellate stage.

27 Sep 2012

The case involves a Chamber Summons taken out by Ferani Hotels Pvt. Ltd. (the appellant) under Order XLI, Rule 27 of the Code of Civil Procedure, 1908...

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