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Documents citing Kapil P. Mohmed vs S. Anthony on 10 November, 1983

Godharasarvjanikshikshan Mandal vs State Of Gujarat on 10 June, 2022

We do not, however, wish to go into the said controversy in view of Section 9-A of the Civil Procedure Code and the correct principle of law, as we understand it. The above decision has been distinguished by another learned Single Judge in Kapil v. S.Anthony [1984 (2) Bombay Case Reporter 199] precisely on this ground, viz., with reference to Section 9-A Civil Procedure Code. The learned Judge has opined that by virtue of Section 9-A, the court does possess the jurisdiction to pass interim orders and they have to be obeyed by the person concerned even though ultimately it may be found that the court had no jurisdiction to entertain the said suit.
Gujarat High Court Cites 40 - Cited by 0 - B D Karia - Full Document

K.S. Jhunjhunwala And Another vs Tayebhai Mohammedbhai Bagasapwalla ... on 31 October, 1996

16. The learned Counsel for the respondents 1 and 2 in support of his submission relied upon the judgment of the single Judge (Sharad Manohar, J.) in , Kapil P. Mohmed v. S. Anthony, who observed 'By virtue of the non obstante clause in said Section 9-A, even the Court having no jurisdiction to entertain the suit is clothed with the power to pass certain orders by way of interim relief. The suit may be without jurisdiction and if the orders are with jurisdiction there is no reason to hold that the efficacy is only short-lived."
Bombay High Court Cites 20 - Cited by 1 - Full Document

Tayabbhai M. Bagasarwalla & Another vs Hind Rubber Industries Private Limited ... on 19 February, 1997

We do not, however, wish to go into the said controversy in view of Section 9-A of the Civil Procedure Code and the correct principle of law, as we understand it. The above decision has been distinguished by another learned Single Judge in Kapil v. S.Anthony [1984 (2) Bombay Case Reporter 199] precisely on this ground, viz., with reference to Section 9-A Civil Procedure Code. The learned Judge has opined that by virtue of Section 9-A, the court does possess the jurisdiction to pass interim orders and they have to be obeyed by the person concerned even though ultimately it may be found that the court had no jurisdiction to entertain the said suit.
Supreme Court of India Cites 16 - Cited by 239 - B P Reddy - Full Document
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