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...in England as well as in this jurisdiction. The Chancery Division in Series 5 Software v. Clarke (1996) 1 All ER 853 (Ch D) opined: (All ER p. 864c-e...is not wholly without jurisdiction so as to warrant interference of this Court at this stage. The Division Bench of the High Court had jurisdiction to admit the review application and examine the..., this Court should not exercise its discretionary jurisdiction under Article 136 of the Constitution of India. The learned counsel urged that from a perusal of the records, it would appear that the...
...the Crown as parens patriae, those powers being exercised in England at first by the Lord Chancellor, afterwards by the Court of Chancery and at the present time by the Judges of the Chancery Division. The...Court of Chancery in England. The learned Chief Justice pointed out that, therefore, the jurisdiction, which it wets intended to confer on the Supreme Court, was jurisdiction to exercise the powers of...Mody, J.:— The petitioner Mrs. Julieta Coutinho has filed this petition in this Court's general and inherent jurisdiction for an order that the petitioner may be appointed guardian of the...
...Court is to have three divisions “for the more convenient despatch of business,” namely the Chancery Division, the King's Bench Division, and the Probate, Divorce and Admiralty Division. S. 4(4) provides t..., held that a Judge of the Chancery Division had under the Judicature Act jurisdiction to grant probate, but that it would not be using a sound discretion in exercising it, apart from the inconvenience caused by al...of ad ministration recalled. These decisions were followed in Bradford v. Young (6), in which it was held that though the Chancery Division might have jurisdiction to recall the probate of a will, it...
...partitioned must be within the jurisdiction of the Court. The Chancery Division has no jurisdiction to order partition of immovable, property outside the jurisdiction"--see paragraph 1569...respondent to the said petition, raised various objections to the filing of the award, one of the objections being that the Lower Court had no jurisdiction to entertain the application as the whole of...the subject-matter of the award was not within the jurisdiction of the Lower Court paragraph 14 (w) of the defendant's statement of objections filed in the Lower Court. The Lower Court overruled that...
...both in England as well as in this jurisdiction. The Chancery Division in Series 5 Software v. Clarke (1996) 1 All ER 853 opined: (All ER p. 864c-e...jurisdiction to arbitrate in respect of disputes and differences arising between the parties or to nominate an arbitrator therefor in terms of Section 37(1) of the 1998 Act corresponding to Section 86...of the 1998 Act and the 2003 Act, the Commission alone had the jurisdiction to decide the dispute and not the City Civil Court.Contentions of the appellant...
...ground of fraudulent concealment by the executrix from the Probate Court of the fact that she was not the lawful wife of the testator. The Court of Appeal held that the Court of Chancery had no ....”In another case, however, Priestman v. Thomas (7), Cotton, L.J, states at p. 214 “although the Chancery Division has no jurisdiction to revoke the Probate of the Will it has full ...grant of probate had issued from the Prerogative Court the Court of Chancery had no jurisdiction to decide that a codicil had been obtained by fraud. In Melnish v. Milton (5) pro-bate of...
...49 (High Court of Justice, Chancery Division); John Knight & Sons v. Crisp (1904) 21 RPC 671 (High Court of Justice, Chancery Division); Burberrys v. Watkinso...(High Court of Justice, Chancery Division) was another case where there was ambiguity as to what was actually said at the time of the trap purchase, coupled with difficulties of subsequent recall. The.... Joblings (1932) 49 RPC 352,
(High Court of Justice, Chancery Division), there was a possibility that requests for ‘Glacier’ mints were misunderstood or not heard, particularly as there was...
...wrongfully removed from management and control of the company. They had applied to the English Courts. Supreme Court of judicature, Court of Appeal (Civil Division) Chancery Division by its judgem...Arindam Sinha, J.:— The Court: Mr. Saha, learned senior Advocate resumes his submissions.2. He submits, he is appearing on behalf of the persons who have made four...applications in this company petition. The first is CA 126 of 2005 for winding-up order dated 28 October, 1987 being permanently stayed. The second is CA 740 of 2005 seeking leave for the company to continue...
...Commissioner decided against them. The Chancery Division of the High Court held that the Commissioner had a statutory jurisdiction to decide whether or not the road verges should be registered as common land...J.N Nichols (Vimto) Limited v. Rose and Thistle & another 1994 PTC 83 (para 20), a Division Bench of the Calcutta High Court observed that the use ...insist that a particular plaintiff must carry on business in a jurisdiction before improper use of its name or mark can be restrained by the court. Similarly, I am also in agreement with the view...
.... The defendants contended that the matter has to go to arbitration and accordingly sought for stay of the proceedings. Rejecting that plea, Roxburgh, J. of the Chancery Division held as follows...hence the arbitrator has no jurisdiction to go into the question of dissolution. The lower Court allowed the I.A, and stayed the trial of the suit. Against this order, the appellant has preferred this...jurisdiction under Section 44 of the Partnership Act to dissolve the firm. He further submits that right of any partner...
..., as one knows who exercises the administrative jurisdiction of the Chancery division, but if there exists a market, as, for instance, the Stock Exchange in the case of shares, in respect of which...1. T. Stanes and Company was a private limited company and therefore subject to Section 23-A of the Income...-tax Act. This company has been the managing agent of two plantation companies, one of within is called the United Coffee Simply Co. Ltd (U.C.S. for short). T. Stanes and Company was also operating...
...Chancery exercised for the protection of the property of infants, and the safe custody of their persons, during their minorities; this jurisdiction has been assigned to the Chancery ...property of a minor who was a member of a joint Hindu family and where the minor's property was an undivided share in the family property, a jurisdiction which was the same that the Court of Chancery...the Court of Chancery, and is now vested in the Chancery Division of the High Court of Justice. It is independent of the question whether the infant has any property or not.”...
...constitutional protector of all property, subject to charitable trust, such trusts being essentially matters of public concern;....
The Court of Chancery in England exer cised ...of in-continuence juggest only in vague way that the kind had some, sort of jurisdiction over religious bodies and institutions. As I have pointed out, however, there was undoubtedly some sort of...which exist even at the present day. That such jurisdiction existed in ancient times has been asserted in more than one pronouncement of the Judicial Committee as well as of the other High-Courts in...
...disposed off/dismissed for lack of jurisdiction or even otherwise on facts and holding that the execution proceeding filed by respondents being maintainable and the judgment and order dated 19th October, 2006 passed by High Court ...respondents - original plaintiffs filed a Suit against the petitioner - original defendant in the High Court of Justice, Chancery Division, Patents Court in the England. In the said Suit, the petitioner preferred Applicatio...award is enforceable as a decree or judgment.]”13. Admittedly, in the present proceeding, the High Court of Justice, Chancery Division, Patents Court passed an order dated 19th October, 2006 dismissing the pe...
.... They had applied to the English Courts. Supreme Court of judicature, Court of Appeal (Civil Division) Chancery Division by its judgement dated 11th November, 2009 did not grant permission to serve out ...IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE CA No.906 of 2010 With CP No.2 of 1987 CA No.36 of 2013 TA No.125 of 2013 CA No.26 of 2014 CA No.309 ...No.321 of 2013 CA No.324 of 2014 CA No.358 of 2013 CA No.388 of 2013 CA No.39 of 2013 CA No.59 of 2013 CA No.99 of 2014 CA No.901 of 2010 CA No.577 of 2010 CA No.641 ...
...proceeding arising out of an information and not on a mere petition the reason for it-and this must be borne in mind in applying here the dicta in the Chancery cases-is to be found in the division of .... has no doubt been modelled on the practice of the Chancery Courts, but as that division of jurisdiction is not part of the law of this country, limitations arising out ...therefore urged the objection only as one to the joinder of defendants 2 and 3 in view of the limited scope of the Court's jurisdiction under Section 92, Civil P.C. He relied...
...present time by the Judges of the Chancery Division. In my view, cl. 37 conferred similar powers upon the Supreme Court; and, if that is so there was no reason for restricting the powers to part only of the Bombay ...due care. But, in my judgment, orders of this nature ought not to be made ex parte. We are, as I have said, exercising jurisdiction which is exercised in. England by the Judges of the Chancery Division...Court, was jurisdiction to exercise the powers of the Crown as parens patrice, those powers being exercised in England at first by the Lord Chancellor, afterwards by the Court of Chancery, and at the...
.... By those Acts the jurisdiction of the Ecclesiastical Courts to grant probate was vested in the High Court of Judicature and the High Court was divided into separate divisions including the Chancery ...the Probate Division. Thereafter it was held in Bradford v. Young(3) that although the Chancery Division still had jurisdiction to recall the probate of a Will it ought not as a general...jurisdiction the Court will take into consideration the fact of the separation and one division will not lightly trespass on the separate jurisdiction allotted to another division.The analo...
...rights as a member.14. In this factual background, the Chancery Division held as follows:—“The jurisdiction of the courts in regard to domestic tribunals—a phrase which...inquiry had not been a due inquiry; but if there is no blot of that kind upon the proceedings the jurisdiction of the domestic. tribunal which has been clothed by the legislature with the duty of discipline in resp...of the judgment of the Chancery Division of England in Maclean v. Workers Union, (1929) All.E.R 468. That was a case of action and expulsion of the defen...
...Section 44-A of C.P.C is a procedural aspect. The non-production of the same would not oust jurisdiction of execution Court. The judgment-debtor has no case that it had made any part pay...submitted that decree-holder has failed to produce along with decree, the certificate of non— satisfaction issued from the High Court of Justice, Chancery Division, London. Therefore, the Court below did not have ..., made by the High Court of Justice, Chancery Division, London. The decree holder is one Mr. Masood Asif.2. The execution proceedings were initiated under Section 44-A...