Civil Court lacks jurisdiction over Waqf Property disputes: Calcutta High Court
Calcutta High Court held that “in order to decide whether the suit is barred by any law, it is the statement in the plaint which will have to be construed.”
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Civil Courts have no jurisdiction to entertain the suits filed by app developers challenging Google’s Billing Policy: Madras HC
Madras High Court said that merely because Section 62 of the CCI Act, 2002 states that the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law, it cannot be interpreted that any individual can institute proceedings in a Commercial Court alleging abuse of dominance, while completely ignoring Section 61 of the Act of 2002.
Calcutta High Court establishes appeal’s maintainability under Order 43(1)(a) and Section 104 of CPC, refers to appropriate jurisdiction
Calcutta High Court referred the appeal to the bench with jurisdiction over first appeals from orders under Order 43(1)(a) passed by a regular court of civil jurisdiction, not by a special or commercial court.
Never Reported Judgment | Sections 290, 291 of U.P. Tenancy Act, 1939 are not applicable to cases cognizable by Civil Courts but wrongly instituted in Revenue Court [(1952) 2 SCC 443]
“This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Sections 290 and 291 of the U.P. Tenancy Act, 1939.”
Whether writ proceedings are maintainable against oil companies for eviction and compensation in view of BPCL case? Supreme Court to decide
“The Single judge directed IOCL to deliver peaceful vacant possession of the premises to the appellants upon removal of the structures therein. Further, directed it to pay arrears of market rent to the appellants in respect of the plot from 1-07-1995 till the date of delivery of possession in favour of the appellants”
[UP Revenue Code] Plaint cannot be rejected in an Injunction suit not seeking demarcation of boundaries: Allahabad HC
“Proceedings under Section 24 of the UP Revenue Code, 2006, are summary in nature while an injunction suit filed by the respondent is a regular suit.”
Delhi High Court | Maintenance amount is a legal ‘debt’, can be recovered through a civil suit
“This is a case that clamours for the exercise of judicial conscience to address the conundrum of whether an individual’s right to recover arrears in maintenance subsists even after the expiry of the period stipulated in section 125(3) CrPC.”
Validity of Registered Sale Deed to be decided only by Civil Court and not Revenue Court: Manipur HC reiterates
At the time of mutation proceedings, the competent authority must examine the manner of acquisition of the title.
Whether a Motor Accident Claims Tribunal constituted under MV Act, 1988 is a Court subordinate to the High Court within the meaning of S. 115 of CPC? Allahabad High Court answers
The view of the Full Bench in Kamla Yadav case, that a Motor Accident Claims Tribunal constituted under the Act is a Court subordinate to the High Court within the meaning of Section 115 of the Code, does not require reconsideration.
Delhi High Court| Courts are duty bound to lean towards an interpretation which uphold jurisdiction of a Civil Court in case of suspicion
Section 9 of CPC is also symbolised as the gateway to the civil Courts as it envisages not only the inherent powers of the Civil Courts to entertain any suit of a civil nature, but also the inherent rights of the disgruntled yet hopeful litigants to approach the civil Courts with a huge expectation that they will get justice from this forum, which would adjudicate upon their infracted legal rights and will invoke the legal machinery to protect and vindicate such rights.
Does Civil Court have jurisdiction to determine title of shares issued ‘fraudulently’? Calcutta High Court examines
Calcutta High Court | Krishna Rao, J., held that under Companies Act, 2013, Civil Courts have jurisdiction to enquire into
Madras High Court |Jurisdiction under Article 227 cannot be exercised as a measure of self-imposed restriction by-passing statutory remedies under D.V. Act
Madras High Court: The full bench of P.N. Prakash, Teekaa Raman and A.D Jagadish Chandira, JJ. held that the jurisdiction
Can officers under Maharashtra Money Lending Act, 2014 pass orders contrary to decree of a Civil Court? Bombay High Court decides
Bombay High Court: In a unique case where the officers exercising powers under the Maharashtra Money Lending (Regulation) Act, 2014
Civil Court can try debt recovery suit against bank or financial institution; Scope & effect of parallel proceeding before DRT explained: SC
Supreme Court: The 3-judge bench of Sanjay Kishan Kaul*, Abhay S. Oka and Vikram Nath, JJ, while dealing with the issue relating
Supreme Court puts an end to about a century-old land dispute under U.P. Consolidation of Holdings Act
Supreme Court: While deciding about a century-old land dispute, the Division Bench of Hemant Gupta and V. Ramasubramanian*, JJ., upheld the impugned
Explained| Civil Court versus Writ Court: Breaking down the scope of jurisdiction in execution/registration of documents matters
Supreme Court: The bench of Hemant Gupta and V. Ramasubramanian*, JJ has lucidly explained the law on the jurisdiction in case of
Telangana HC | Interim protection under S. 9 A&C Act for a commercial dispute to be sought in a commercial court only
Telangana High Court: The Division Bench of P. Naveen Rao and Sambasivarao Naidu, JJ. allowed the appeal and set aside the impugned
Civil Court has no jurisdiction in dispute relating to property governed by the Haryana (Control of Rent & Eviction) Act, 1973: SC
Supreme Court: The bench of Ajay Rastogi* and Abhay S. Oka, JJ has held that jurisdiction of the Civil Court is impliedly
Explained| Scope of Civil Court’s jurisdiction despite bar under Section 25 of Punjab Security of Land Tenures Act
Supreme Court: Deciding the ambit of the bar of jurisdiction under Section 25 of the Punjab Security of Land Tenures Act, 1953
Explained| Jurisdiction under Waqf Act, 1995: Civil Court versus Tribunal
“To say that the Tribunal will have jurisdiction only if the subject property is disputed to be a waqf property and not if it is admitted to be a waqf property, is indigestible in the teeth of Section 83(1) of the Waqf Act.”