14 September 2020

Search Results for Tag : Civil court


Civil Courts in West Bengal have authority to entertain tenant's application for repair of premises(19.08.2015)

The West Bengal Premises Tenancy Act, 1997 does not exclude jurisdiction of the Civil Court in an application to facilitate urgent repair work. A civi.....

Tags : Tenancy, civil court, jurisdiction


Dispute cannot be decided by arbitrator, when Trust Act provides for sufficient remedies to aggrieved persons by giving them right to approach Civil Court(17.08.2016)

In facts of the present case, since parties could not settle disputes/differences and nor could they agree for appointment of arbitrator amicably, Res.....

Tags : Arbitration application, Maintainability, Remedies, Civil Court


When remedy is available under provisions of Act, jurisdiction of Civil Court is impliedly ousted(14.02.2018)

The question that arises for consideration in this appeal is, whether the suit filed by the Respondent seeking declaration and permanent injunction ag.....

Tags : Civil Court, Jurisdiction, Remedy


No Civil Court can exercise jurisdiction to entertain any suit or proceeding in respect of any matter which a DRT or DRAT is empowered(17.05.2018)

The judgment of the High Court is assailed in instant appeal, whereby the High Court without formally setting aside the order passed by the Debts Reco.....

Tags : Civil court, Jurisdiction, Bar


Jurisdiction of civil Courts cannot be completely taken away in spite of either an express or implied bar(19.08.2019)

The order of assessment and the demand for payment of property tax made on the Respondents was the subject matter of challenge in a civil suit filed b.....

Tags : Civil Courts, Jurisdiction, Suit, Maintainability



Karnataka HC: Husband has to First Approach Civil Court for Declaration Regarding Wife Being Dead(02.09.2019)

Karnataka High Court has ruled that when there is no scope for presumption that wife would be dead in case she has not been seen for seven years. For.....

Tags : Karnataka HC, Civil Court


SC: Jurisdiction of Civil Court Cannot be Taken Away Entirely Despite Bar if Error is Pleaded(21.08.2019)

Supreme Court has observed that the jurisdiction of the civil courts cannot be entirely taken away inspite of a bar either expressly or impliedly. The.....

Tags : SC, Civil Court


Bengaluru Based Civil Court Stalls Sale of Chetan Bhagat's 'One Indian Girl'(26.04.2017)

A Civil Court in Bengaluru has granted temporary injunction holding back author Chetan Bhagat from selling his book `One Indian Girl' following a city.....

Tags : Civil Court, Chetan Bhagat


Bombay HC: Civil Court Has Power to Summon Witness While Conducting Inquiry Under CrPC(03.05.2017)

Bombay High Court has ruled that a Civil Court has power to call a witness under Section 311 of Code of Criminal Procedure while conducting an inquiry.....

Tags : Bombay High Court, Civil Court, Code of Criminal Procedure


Bombay HC Upholds Vires of S. 28 A(1) of Maharashtra Civil Courts Act, 1869(09.06.2017)

Bombay High Court has upheld the vires of Section 28 A(1) of Maharashtra Civil Courts Act, 1869 that states about high court’s power to invest civil .....

Tags : Bombay High Court, Maharashtra Civil Courts Act, 1869