6 May 2024

Search Results for Tag : civil court

Judgments

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

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

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

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

News

Bombay HC: Threshold of Public Interest Must to Stop Bypassing of Civil Courts(29.03.2022)

Bombay High Court has held that a writ Court should not exercise its powers in contractual matters under Article 226 of the Constitution, unless the s.....

Tags : Bombay High Court, Public Interest, Civil Court, Judicial Review, Contractual Obligation

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

Kar. HC: Courts Must Ascertain Religious/Charitable Nature of Trust Before Exercising Jurisdiction(18.08.2022)

Karnataka High Court has held that for exercising jurisdiction under Section 92 of the Code of Civil Procedure, civil court is to first draw factual f.....

Tags : Karnataka High Court, Civil Court, Trust

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

Delhi HC: National Commission for Scheduled Castes Not Equivalent to Civil Court(01.08.2022)

Delhi High Court has held that merely because the Commission has the powers of a Civil Court for the purpose of carrying out investigations or enquiri.....

Tags : Delhi High Court, National Commission for Scheduled Castes, Civil Court

Guj. HC: Citizenship Exclusive Domain of Centre, Civil Court Can’t Decide on Matter of Renunciation(05.08.2022)

Gujarat High Court has held that civil courts have no jurisdiction to entertain and decide the question about citizenship of a person and that the sai.....

Tags : Gujarat High Court, Citizenship, Jurisdiction, Civil Court

Bengaluru Court Orders Blocking of INC & Bharat Jodo’s Twitter for Unauthorised Use of KGF-2's Music(08.11.2022)

Bengaluru Civil Court has directed Twitter to temporarily block accounts of Indian National Congress and Bharat Jodo after MRT Music accused party of .....

Tags : Bengaluru Civil Court, Twitter Handle, Copyright

SC: Section 145/146 CrPC Proceedings Must End Once Civil Court is Seized of Matter(09.11.2022)

Supreme Court while observing that proceedings under Section 145/146 CrPC must come to an end once Civil Court is seized of the matter has held that t.....

Tags : Supreme Court, CrPC, Civil Court

SC: Civil Court Can Try Suit Filed by Borrower Against Bank, But Has No Power to Transfer it to DRT(11.11.2022)

Supreme Court while observing that Civil Court has jurisdiction to try a suit filed by a borrower against a Bank or Financial Institution has held tha.....

Tags : Supreme Court, DRT, Civil Court

Bom. HC: Civil Court Order Shall Prevail Over Findings Recorded Under Maharashtra Money-Lending Act(17.11.2022)

Bombay High Court has held that judgement of the Civil Court in a prior suit will prevail over an order passed under Section 18(2) of the Money Lendin.....

Tags : Bombay High Court, Money Lending, Civil Court

Cal. HC: Civil Court has Jurisdiction to Determine Title of Fraudulently Issued Shares(07.12.2022)

Calcutta High Court has held that under the Companies Act, 2013, Civil Courts have jurisdiction to enquire into allegations of fraud pertaining to the.....

Tags : Calcutta High Court, Civil Courts, Shared, Title, Fraud

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

Cal. HC: Civil Courts are Barred from Deciding Validity of Plant Variety Registration(12.06.2023)

Calcutta High Court has held that civil courts have no jurisdiction to decide the validity of plant variety registration under Protection of Plant Var.....

Tags : Calcutta High Court, Plant Variety, Registration, Civil Court, Jurisdiction

SC: Only Principal Civil Court Can Decide Dispute of Apportionment of Compensation(10.07.2023)

Supreme Court has held that any dispute regarding apportionment of compensation under National Highways Authority Act, 1956 would have to be decided b.....

Tags : Supreme Court, Civil Court, Compensation, Apportionment

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