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Showing posts with label jurisdiction of civil court. Show all posts
Showing posts with label jurisdiction of civil court. Show all posts
Saturday, 18 February 2023

Supreme Court: Ouster Of Civil Court's Jurisdiction Won't Have Retrospective Effect To Annul A Decree Validly Passed By Civil Court

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  It is settled law that ouster of jurisdiction of civil court can be expressed or implied, but it cannot have retrospective effect annullin...
Sunday, 4 September 2022

Whether Civil Suit Claiming Reliefs Beyond Scope Of The MHADA Act Which Bars Jurisdiction of Civil court Is Maintainable?

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The preamble to the Act states that it is an Act to "unify, consolidate and amend the laws relating to housing, repairing and reconstru...
Saturday, 27 August 2022

Whether the civil court has jurisdiction to entertain a challenge to property tax imposed on charitable trust?

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This contention of the respondent/Public Trust can be certainly raised in an appeal under Section 406 of the said Act. The exemption claimed...
Saturday, 23 April 2022

How to ascertain jurisdiction of wakf tribunal to entertain a proceeding?

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   No doubt, while deciding the jurisdiction of the forum to try and entertain the proceedings, the same requires to be decided on the basis...
Sunday, 6 February 2022

Whether civil court or rent court will have jurisdiction to try a suit if tenant is government undertaking?

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 A perusal of the scheme of the Act 1976 would show that from the appointed day, right, title and interest of Burmah Shell with effect to Se...
Saturday, 15 January 2022

Whether civil court has jurisdiction to grant a relief touching an order passed by the Tahsildar under section 5(2) of the Mamlatdar’s Courts Act, 1906?

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   So far as the aspect regarding the jurisdiction of civil court to grant a relief touching an order passed by the Tahsildar under section ...
Monday, 27 December 2021

Whether civil court has jurisdiction to try the suit if plaintiff challenges any notice or order passed under MRTP Act?

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From aforesaid, it is, therefore, clear that if any notice or order issued under said Act by any authority is sought to be challenged before...

Whether Civil court can entertain a suit against Municipal Corporation even if its jurisdiction is barred S 433A of the MMC Act?

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 Now, Section 433A of the Maharashtra Municipal Corporations Act creating a bar of jurisdiction of the Civil Court, being relevant, is repro...
Sunday, 26 December 2021

Whether jurisdiction of civil court is barred as per S 149 of MRTP Act if dispute is arising out of terms and conditions of contract between parties?

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  In the present case, the dispute between the parties is as to whether any permission was granted by the plaintiff to the defendants for th...

Whether civil suit is maintainable for quashing a deemed permission under S.45(5) of MRTP Act is maintainable?

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 An appeal is therefore provided against the order granting permission or refusing permission under section 45. There is obviously no appeal...
Tuesday, 30 November 2021

Whether Civil Court Can Declare Orders Passed Under Urban Land Ceiling Act As Illegal Or Non Est?

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  The Urban Land (Ceiling and Regulation) Act, 1976 is a self-contained Code. Various provisions of the Act make it clear that if any orders...

Can a civil court entertain a suit if the plaintiff is pleading fraud without material particulars if it is barred as per S 34 of the SARFAESI Act?

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  Having considered the pleadings and averments in the suit more particularly the use of word ‘fraud’ even considering the case on behalf of...
Friday, 12 November 2021

Whether civil court has jurisdiction to try suit for cancellation of construction permission granted by Municipal Corporation?

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  Looking to the Court Fee clause of the suit as well as the prayers of the suit reproduced above, it is quite clear that the only relief so...
Tuesday, 2 November 2021

Under which circumstances Civil court will have jurisdiction regarding wakf property?

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 A combined reading of Sections 68(6), 86, 90 and 93 goes to show that the bar of jurisdiction under Section 85 does not apply at least to t...
Monday, 1 November 2021

Whether civil suit is maintainable to challenge assessment and levy of property tax on immovable property?

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 It will be noticed from the provisions contained in Section 9 of the Code of Civil Procedure that a bar to file a civil suit may be express...

Whether Jurisdiction of civil court is barred where the statute gives a finality to the orders of the special tribunals?

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 In  Dhulabhai  v.  State of Madhya Pradesh  [AIR 1969 SC 78 : (1968) 3 SCR 662 : (1968) 22 STC 416] the position was similar to that in the...
Saturday, 23 October 2021

When will the civil court have jurisdiction to entertain a suit relating to property tax?

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   This makes it clear that the Act does not contemplate any valuation or assessment of any building for the liability to tax unless entry w...
Sunday, 17 October 2021

Whether civil suit challenging the valuation, assessment or levy, or liability of any person to be assessed or taxed for property tax is maintainable?

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   In Bata Shoe Company's case, the Supreme Court, which was dealing with Section 84(3) of C.P. and Berar Municipalities Act, which is i...