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1 - 10 of 44 (0.65 seconds)The Provincial Small Cause Courts Act, 1887
The Delhi Rent Act, 1995
Section 9 in The Provincial Small Cause Courts Act, 1887 [Entire Act]
Union Of India vs Raman Iron Foundry on 12 March, 1974
In the case of Gangotri Enterprises Ltd (supra) the Apex
Court noted the decisions in Raman Iron Foundary (supra) and Iron
and Hardware (India) Co., (supra) which held that the Court must
decide that the defendant is liable and then proceed to assess what
that liability is and that a claim for damages for breach of contract is
not a claim for a sum presently due and payable.
Wander Ltd. And Anr. vs Antox India P. Ltd. on 26 April, 1990
56. The decision in Wander Ltd v. Antox India P. Ltd
(supra) which is a landmark decision, enunciates the scope of
interference by the Revisional Court in the exercise of discretion by
the Court of first instance that the Revisional Court will not
substitute its own discretion except where the discretion has been
shown to have been exercised arbitrarily, where the Court has
ignored the settled principles of law regulating the grant or refusal
of interlocutory injunction. The Apex Court has held that if the view
taken by the Court below was reasonably possible on the material,
the Revisional Court will not re-assess the material and seek to
reach a conclusion different from the one reached by the Court
below.
Iron & Hardware (India) Co. vs Firm Shamlal & Bros. on 14 January, 1954
In the case of Gangotri Enterprises Ltd (supra) the Apex
Court noted the decisions in Raman Iron Foundary (supra) and Iron
and Hardware (India) Co., (supra) which held that the Court must
decide that the defendant is liable and then proceed to assess what
that liability is and that a claim for damages for breach of contract is
not a claim for a sum presently due and payable.
Bhartiben Shah vs Smt.Gracy Thomas And Others on 21 January, 2013
54. As regards the maintainability of revision application,
Full Bench of this Court in the case of Bharatiben Shah vs Gracy
Thomas (supra) in answer to the reference to determine the scope
of the power of revision under Section 34(4) of the Maharashtra
Rent Control Act, 1999 (for short "the Rent Act") and whether the
procedural order under CPC would be amenable to the revision
under Section 34(4) of the Rent Act in suit arising out of the Rent
Act held that the revision under Section 34 (4) the Rent Act is not
maintainable in respect of procedural order passed under Code of
Patil-SR 50 of 59
wp 840-22.doc
Civil Procedure in a suit arising out of Maharashtra Rent Control Act,
1999, if such order does not affect the substantive rights and
liabilities of the parties under the Rent Act or any other substantive
law. In the present case, the trial Court has rejected the application
for deposit of arrears of license fees. The relief of deposit sought
by the landlord amounts to securing the arrears of rent or license,
which according to him, had become due and payable due to
continuous use and occupation of the licensee of the licensed
premises. By refusing the relief, substantive right of the landlord
has been affected and the same cannot be termed as a procedural
order. In my view, the rejection of application seeking deposit of
arrears affected the substantive rights and, as such, revision is
maintainable against the said order.
Mohd Mehtab Khan & Ors vs Khushnuma Ibrahim Khan & Ors on 24 January, 2013
The decision in Purshottam Vishandas Raheja (supra),
Mohd. Mehtab Khan (supra) and World Crest Advisors LLP (supra)
follow this enunciation of law laid down by the Apex Court in the
case of Wander Ltd (supa).
M/S Gangotri Enterprises Ltd vs Union Of India & Ors on 5 May, 2016
In the case of Gangotri Enterprises Ltd (supra) the Apex
Court noted the decisions in Raman Iron Foundary (supra) and Iron
and Hardware (India) Co., (supra) which held that the Court must
decide that the defendant is liable and then proceed to assess what
that liability is and that a claim for damages for breach of contract is
not a claim for a sum presently due and payable.