jurisdiction of bombay city civil court
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Appeal No. 326 of 2014 in Notice of Motion No. 1364 of 2013 in Suit No. 2578 of 2002. Case: Reckitt & Colman (Overseas) Limited Vs Ind Swift Limited. Bombay High Court
1. This appeal is directed against the order dated 12 June 2014 of the learned Trial Judge on the Appellant-Plaintiff's Notice of Motion No. 1364 of 2013 for restoration of the suit filed in the year 2002 for infringement of trademark and passing off. The suit came to be dismissed on 29 January 2013 on the ground that the Plaintiff had failed to fi...
... has held that it was unlikely that in their own jurisdiction in England the Plaintiff or, for that matter, any other litigant ...But even Section 35A of the Code of Civil Procedure, 1908 provides that maximum amount that should be ... in this Court, as the pecuniary jurisdiction of the Bombay City Civil Court was limited to Rs. 50,000/- only. The Act passed by ...
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Writ Petition No. 9577 of 2013. Case: Mumbai International Airport Pvt. Ltd. Vs Edward alias Adward Paul Machado and Ors.. Bombay High Court
1. Rule, with the consent of the Learned Counsel for the parties made returnable forthwith and heard. The Writ Jurisdiction of this Court under Article 227 of the Constitution of India, is invoked against the order dated 1-3-2013, passed by the Learned Judge of the City Civil Court, Dindoshi, Mumbai to the extent it decides the application raising
Cheque Dishonor SC Redefined Jurisdiction Of Courts
... confusion persists about the jurisdiction of courts on multi city cheques as the SC did not discuss or clarify its stance on such ... drawee of dishonored cheques and the contrary view of the Bombay High Court ("BHC") on dishonor of multi city cheques. 1. ...It held as follows:. 2.1 Applicability of civil law: The SC took the view that unlike civil law, the phrase cause ...
O.C.J. Suit No. 700 of 1948. Case: Vishwanath Keshav Joshi Vs B.M. Sukhadwalla. Bombay High Court
1. The matter comes up before me for trial of issue as to the jurisdiction of this Court to entertain proceedings in execution of a decree passed by this Court, the decree being for an amount above Rs. 2,000 and below Rs. 10,000. The decree was passed in the suit on April 2, 1948, and this application for execution was made by the judgment-creditor...
O.C.J. Suit No. 3049 of 1947. Case: C.P. Bannerjee Vs B.S. Irani. Bombay High Court
1. In this matter I had delivered a judgment on October 6, 1948, but, after I did so, my attention was drawn to the fact that the Bombay Legislature had simultaneously with the enactment of Bombay Act XLIV of 1948 also enacted Bombay Act XLI of 1948 called the Bombay High Court Letters Patent Amendment Act, 1948. This necessitated a further "argume...
First Appeal No. 704 of 2010 with Civil Application No. 2799 of 2010. Case: Vinay Ambadas Kaikini and Ajit Maneshwar Shetty Vs Court Receiver. Bombay High Court
1. Heard Mr.K.K.V.Kurup, learned counsel for the Appellants and Mr.Y.S.Bhate, learned counsel for the Respondent at length. Admit. Mr.Bhate waives service on behalf of the Respondent. By consent of the parties, appeal is taken up for final hearing forthwith. 2. This appeal is preferred by the original Defendants challenging the judgment and decr...
... the judgment and decree dated 22nd February, 2010 passed by learned Judge of the Bombay City Civil Court at Bombay in S.C.Suit No.1154 of 2000. By that judgment, the learned trial Judge ... that they are tenants of the suit premises and therefore City Civil Court has no jurisdiction to entertain and try the suit, and only the rent court will have jurisdiction to decide the issues ...
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Civil Revision Application No. 960 of 2012. Case: Worli Adarsh Nagar Sagar Darshan Co-operative Housing Society Ltd. Vs Deepak Anaji Dhumale and Ors., [Alongwith Civil Revision Application No. 678 of 2012]. Bombay High Court
1. Admit, with the consent of the learned counsel appearing on behalf of the parties taken up for final hearing forthwith and heard. The revisionary jurisdiction of this Court under Section 115 of the Code of Civil Procedure is invoked against the order dated 23/07/2012 passed by the learned Judge of the City Civil Court, Greater Mumbai by which or...
O.C.J. Suit No. 1859 of 1948 and Miscellaneous Application No. 231 of 1938. Case: Mulchand Kundanmal Jagtiani Vs Raman Hiralal Shah. Bombay High Court
1. The plaintiff filed a suit on July 2, 1948, on two promissory notes. A. plaint was also prepared in respect of a suit on a promissory note on August 27, 1948, and an application was made to take that suit on the file of this Court, and the question that arises both in the suit and in the application is whether this Court has jurisdiction to try
Section 138 Negotiable Instruments Act, 1881 - An In Depth Analysis
... of the Hon'ble Delhi High Court in Rajesh Agarwal & Others v State & ... on relevant territorial jurisdiction for filing a complaint under Section ... was found that an action in the civil court for collection of the proceeds of ... In a case before the Bombay High Court, two cheques were issued, ...multi-city cheques payable at par in all branches ...
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Petition No.142 of 2003 & Mental Health Petition 9 of 2003 & Land Acquisition Reference 58 of 1987 M H A Petition 2 of 2004. Case: Allan Sebastian Dsouza Vs Sarojini A Kunder Of Bombay. Bombay High Court
A learned single Judge of this Court in M. H. Petition No. 2 of 2002 (Shri Umesh Narayan Gokhle v. Shri Ajid M. Mankar) decided on 21. 2. 2002 took the view that under the provisions of the Mental Health Act, 1987 (hereinafter referred to as the "act"), it is the City Civil Court which is the District Court within the meaning of section 2 (b) of th...
'May', 'Can' & 'Shall Have The Right' In Arbitration Clause The Legal Position Under The Arbitration Law Of India
... Pal Dalmia, Advocate, Supreme Court of India and Delhi High Court, Partner ... these presents, only courts in Bombay would have jurisdiction to try and ... need not necessarily go to the Civil Court by way of suit but can also go ... jurisdiction of the courts in city of Delhi.". The Hon'ble High Court ...
F.M.A.T. No. 50 of 2015 and C.A.N. 1146 of 2015. Case: Debrabata Mukherjee Vs Arup Guha and Ors.. Calcutta High Court
1. Being aggrieved by the decision of the Trial Court dated 12th December, 2014 in Title Suit No. 2015 of 2009, the appellant has approached this Court. By the impugned order the Trial Court has held that it had no jurisdiction to entertain the suit and therefore, passed an order under Order 7 Rule 11 of the Code of Civil Procedure (for short "CPC"
Chamber Summons No. 864 of 2014 alongwith Notice of Motion No. 253 of 2015. Case: Kolmar Group AG Vs Traxpo Enterprises Pvt. Ltd.. Bombay High Court
1. The applicant / decree holder / judgment creditor (plaintiff) has obtained a judgment in the above suit from the Royal Courts of Justice, London, UK against the respondent / judgment debtor (defendant) herein on 1st February, 2010, which the plaintiff desires to execute. Consequently the above execution application is filed for execution of the
First Appeal No. 1454 of 2003 and Writ Petition No. 2992 of 2011. Case: 1. Bhuwaneshwar Rajkishore Tripathi, 2. Nilkanth Nagar Co-op. Housing Society Vs 1. Nilkanth Nagar Co-op. Housing Society, 2. Bhuwaneshwar Rajkishore Tripathi and Ors.. Bombay High Court
1. The First Appeal No. 1454 of 2003 is against the judgment and order dated 15-07-2002 passed by the learned Judge, City Civil Court, Greater Mumbai in short cause civil Suit no. 5813 of 1996 whereby the suit was dismissed. The Petitioner in Writ Petition no. 2992 of 2011 have questioned the validity of the order dated 1st March 2011 passed by the...
Writ Petition No. 3370 of 2013. Case: Nakhuda Mohd. Ali Rogay Vs Anzar Ahmed, Anwar Ahmed and M/s. Kitabi Traders. Bombay High Court
1. Rule. With the consent of the parties made returnable forthwith and heard. The Writ Jurisdiction of this Court is invoked against the order dated 15-4-2013 passed by the Trial Court i.e. the Learned Judge of the City Civil Court Greater Mumbai by which order, the application filed by the Respondent No. 3 herein for his impleadment in the Suit in...
Chamber Summons No. 1620 of 2010 in Suit No. 2688 of 2008 with Chamber Summons No. 216 of 2011 in Suit No. 2688 of 2008. Case: Anjanabai Hanumantrao Sonawane Vs Hindustan Construction Co. Ltd.. Bombay High Court
1. Whether this Court should hear and dispose of this suit or the suit has to be tried by the Court of Small Causes, Mumbai is the issue. It is the case of the defendant that this Court does not have jurisdiction in view of Section 41 of the Presidency Small Causes Court Act 1882 (for brevity referred as 'the said Act') and therefore, the plaint ha...
Appeal No. 243 of 2012 in Chamber Summons No. 2125 of 2011 in Summary Suit No. 1450 of 2011 with Notice of Motion No. 1851 of 2012. Case: Gouri Prasad Goenka Vs Rabo India Finance Limited. Bombay High Court
1. In a Summary Suit instituted under Order XXXVII of the Code of Civil Procedure, 1908, leave was granted under Clause-XII of the Letters Patent. The Defendant, who is in appeal in these proceedings, has been sued on the basis of guarantees executed by him in favour of the Plaintiff in consideration of two facilities granted by the Plaintiff to a
Writ Petition No. 933 of 2013. Case: Prathamesh Tower Cooperative Housing Society Limited Vs Gorai Road (Borivali) Shree Ganesh Cooperative Housing Society Ltd., The Municipal Corporation, Mumbai, The Executive Engineer (BP) and The Assistant Municipal Commissioner. Bombay High Court
1. Rule. Heard finally by consent pursuant to order passed by this Court on 1st April 2013. The Petitioner has challenged legality of the impugned order on preliminary issue framed under Section 9A of the Civil Procedure Code (Maharashtra Amendment). The issue framed was as to whether the suit is maintainable in view of Section 149 of the Maharasht...
Suit No. 997 of 1983. Case: D. G. Kotak and Anr. Vs Rajeshkumar @ Rajas R. Doshi & Ors.. Bombay High Court
Whether the High Court of Bombay would have a jurisdiction to entertain and try a suit for specific performance of a contract for sale and possession of a property situate outside the limits of its original civil jurisdiction, if leave under Clause XII of the Letters Patent is obtained prior to the filing of the suit? 2. One Ratanchand Hirachand w...
Code of Civil Procedure, 1908 along with Commentary
... the laws relating to the procedure of the Courts of Civil Judicature. . whereas it is expedient to ..." means the local limits of the jurisdiction of a principal Civil Court of original ... in the towns of Calcutta, Madras and Bombay:. 2[Provided that--. (1) the High Courts of ..., Madras and Bombay the words "and in the City of Ahmedabad" shall be inserted. [Gujarat Act No. ...
Appeal from Order No. 673 of 1990. Case: Ram Gopal Gupta Vs Rajesh J. Kothari. Bombay High Court
1. The appellant-plaintiff filed a suit in the Bombay City Civil Court, being Suit No. 7879 of 1989 as against the respondent defendant for a decree or an order, in effect, to remove him from a certain cabin, which is in the occupation of the defendant. 2. The plaintiff's case is that he is a tenant in respect of a second floor of a building beari...