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1 - 8 of 8 (0.23 seconds)THE COMMERCIAL COURTS ACT, 2015
Article 54 in Constitution of India [Constitution]
The Code of Civil Procedure, 1908
Bharat Kala Bhandar Ltd vs Municipal Committee, Dhamangaon on 26 March, 1965
19. Before adverting to the other facts, it is relevant to
refer to the judgment of the Hon'ble Supreme Court in the case
of BHARAT KALA BHANDAR LTD. v. MUNICIPAL
Vasantkumar Radhakisan Vora vs Board Of Trustees Of The Port Of Bombay on 21 August, 1990
In another case, in the case of VASANTKUMAR
RADHAKISAN VORA v. BOARD OF TRUSTEES OF PORT OF
BOMBAY2 the Hon'ble Supreme Court held that when the
matter relating to pure question of law which goes to the root
of the case, the jurisdiction point can be raised for the first time
in an appeal.
Section 21 in The Code of Civil Procedure, 1908 [Entire Act]
K S Infraspace Llp vs Ambalal Sarabhai Enterprises Ltd Thro ... on 12 December, 2018
"14. In that view it is also necessary to carefully
examine and entertain only disputes which actually
answers the definition "commercial disputes" as
provided under the Act. In the instant case, as
already taken note neither the agreement between
the parties refers to the nature of the immovable
property being exclusively used for trade or
commerce as on the date of the agreement nor is
there any pleading to that effect in the plaint.
Further the very relief sought in the suit is for
execution of the mortgage deed which is in the
nature of specific performance of the terms of
Memorandum of Understanding without reference to
nature of the use of the immovable property in
trade or commerce as on the date of the suit.
Therefore, if all these aspects are kept in view, we
are of the opinion that in the present facts the High
Court was justified in its conclusion arrived through
the order dated 1-3-2019 [K.S. Infraspace LLP v.
Ambalal Sarabhai Enterprises Ltd., 2019 SCC
OnLine Guj 1926] impugned herein. The
Commercial Court shall therefore return the plaint
indicating a date for its presentation before the
Court having jurisdiction."
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