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civil court

Case BriefsSupreme Court

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

Published on July 4, 2022July 4, 2022By Prachi Bhardwaj
Leave a comment3606 views
Case BriefsHigh Courts

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

Published on June 20, 2022June 24, 2022By Editor_4
Leave a comment2907 views
Case BriefsSupreme Court

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

Published on January 31, 2022February 4, 2022By Prachi Bhardwaj
Leave a comment5363 views
Case BriefsSupreme Court

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

Published on November 19, 2021November 19, 2021By Prachi Bhardwaj
1 Comment2931 views
Case BriefsSupreme Court

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.”

Published on November 5, 2021November 12, 2021By Prachi Bhardwaj
2 Comments15890 views
Case BriefsSupreme Court

Explained| “A very strange provision”: Section 85A of the Maharashtra Tenancy and Agricultural Lands Act, 1948

Supreme Court: The bench of Hemant Gupta and V. Ramasubramanian, JJ has explained the scope of a “very strange provision” under Section

Published on October 2, 2021October 8, 2021By Prachi Bhardwaj
Leave a comment5360 views
Case BriefsSupreme Court

Mutation entry doesn’t confer any right, title or interest in favour of person and the objective is only for fiscal purpose: Supreme Court

Supreme Court of India: Observing the well-settled position of law that, Mutation Entry does not confer any right, title or interest in

Published on September 28, 2021September 30, 2021By Bhumika Indulia
1 Comment65413 views
Case BriefsHigh Courts

Cal HC | When can S. 29(2) of Hindu Marriage Act come to rescue of parties seeking to prove divorce on basis of custom? Read the case of a second ‘wife’ denied widow pension

Calcutta High Court: Sabyasachi Bhattacharyya, J., expressed that: Where a conflict arises between individual conscience of the concerned Judge and judicial conscience,

Published on February 23, 2021March 5, 2021By Bhumika Indulia
1 Comment5424 views
Case BriefsHigh Courts

P&H HC | There could be no blanket rule that concurrent findings cannot be interfered with in the second appeal; It is more a rule of caution and less a rule of law; HC explains

Punjab and Haryana High Court: Rajbir Sehrawat, J., allowed the instant second appeal challenging the concurrent judgments and decrees passed by the

Published on December 24, 2020December 25, 2020By Editor_4
Leave a comment2881 views
Case BriefsSupreme Court

High Court not obliged to frame substantial question of law if no error is found in First Appellate Court’s findings; says SC

Supreme Court: The 3-judge bench of L. Nageswara Rao, Hemant Gupta* and Ajay Rastogi, JJ has held that the High Court is

Published on November 19, 2020December 2, 2020By Prachi Bhardwaj
Leave a comment6000 views
Case BriefsSupreme Court

Are you a homebuyer planning to take builder to Court? SC says you can choose between seeking remedy under the RERA Act or the Consumer Protection Act

The RERA Act does not bar the initiation of proceedings by allottees against the builders under the Consumer Protection Act, 1986.

Published on November 3, 2020November 6, 2020By Prachi Bhardwaj
1 Comment8461 views
Case BriefsSupreme Court

Are words “tries an offence” more appropriate than “tries an offender” in section 461(l) CrPC? Here’s what SC says

Supreme Court: The single judge bench of V. Ramasubramanian, J has held that the issue of jurisdiction of a court to try

Published on September 30, 2020October 2, 2020By Prachi Bhardwaj
Leave a comment6135 views
Case BriefsHigh Courts

Del HC | Will the jurisdiction to address issues of oppression and mismanagement, elections to board of directors of company, etc., vest exclusively with NCLT? HC considers

Delhi High Court: Najmi Waziri, J., while addressing the present matter considered the following issues: Whether elections to the Board of Directors of

Published on September 22, 2020October 2, 2020By Bhumika Indulia
Leave a comment5914 views
Case BriefsHigh Courts

Ker HC | No bar to simultaneous continuance of a criminal proceeding and a civil proceeding, if the two arise from separate causes of action

Kerala High Court: R. Narayana Pisharadi, J. dismissed a petition praying for quashing the criminal proceedings against the petitioner initiated under Section

Published on January 29, 2020January 31, 2020By Bhumika Indulia
Leave a comment5349 views
Case BriefsHigh Courts

Ker HC | Court orders Maintenance Tribunal to reconsider the case and elicit truth by inquisitorial approach under MWPSC Act

Kerala High Court: A. Muhamed Mustaque, J. dismissed a petition challenging the order of Appellate Authority under Maintenance and Welfare of Parents

Published on December 21, 2019December 24, 2019By Bhumika Indulia
1 Comment4747 views
Case BriefsHigh Courts

MP HC | Orders passed by the Revenue Authority not binding on Civil Court

Madhya Pradesh High Court: This petition was filed before the Bench of Vivek Rusia, J. Facts of the case were such that

Published on April 9, 2019April 12, 2019By Bhumika Indulia
Leave a comment7952 views
Case BriefsTribunals/Commissions/Regulatory Bodies

Application under Section 9 of I&B Code not maintainable where ‘dispute’ existed prior to filing petition under Sections 433(e) and 434(1) of Companies Act

National Company Law Appellate Tribunal (NCLAT): A Bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial) dismissed

Published on January 5, 2019January 16, 2019By Bhumika Indulia
Leave a comment8689 views
Case BriefsHigh Courts

Civil court has no jurisdiction to direct Commissioner of Police to organise training programme: Delhi HC

Delhi High Court: While disposing of a petition, a Single Judge Bench comprising of Yogesh Khanna, J. set aside the directions given by

Published on December 24, 2018December 27, 2018By Bhumika Indulia
Leave a comment3240 views
Case BriefsHigh Courts

District administration not empowered to direct sealing of shop and eviction of possessor therefrom: Patna HC

Patna High Court: A Single Judge Bench comprising of Mohit Kumar Shah, J. while hearing a civil writ petition ruled that the

Published on December 12, 2018December 28, 2018By Bhumika Indulia
1 Comment3914 views
Case BriefsHigh Courts

Revenue Courts must not adjudicate rights pertaining to immovable property once the lis in relation thereto is seized of by a civil court: Karnataka HC

Karnataka High Court: A Single Judge Bench comprising of G. Narendar, J. hearing a civil writ petition set aside the order of

Published on December 7, 2018December 18, 2018By Bhumika Indulia
Leave a comment10586 views

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