AI Overview

AI Overview...

Overall Summary:
Section 10 CPC aims to prevent the simultaneous pursuit of identical remedies in multiple forums to avoid abuse and conflicting judgments. However, courts have carved out exceptions where remedies are pursued under different statutes, involve different legal processes, or serve distinct purposes. Proper forum selection and avoiding duplicative proceedings are essential, but multiple remedies may be permissible if they are not truly identical or if the law explicitly allows concurrent proceedings Dajvip V. Patkar VS Vina D. Patkar - Bombay, Akrata Shipping S. A. VS Pipavav Defense And Offshore Engineering Company Limited & 1 - Gujarat, Suresh Chandra Tamboli S/o Shri Muthara Das Tamboli VS Legal Representatives of Haji Mushtaq Hussain - Rajasthan, T. Muthukumarasamy VS J. Selvasundarraj - Madras, Rajeshwari Sharma VS State - Uttarakhand.

Search Results for "Civil Procedure Code s 10 Pursuing for Similar Remedies in Two Forums"

Dajvip V.  Patkar VS Vina D.  Patkar

2015 0 Supreme(Bom) 975 India - Bombay

C.V.BHADANG

The husband challenged the application, arguing that similar reliefs were already claimed before the Civil Court. ... to Section 10 of the Civil Procedure Code, which would frustrate the purpose of the Act. ... The Act provides for coordination between different forums to avoid conflicting decisions/orders. ... It is difficult to see as to how a wife can be precluded from prosecuting/pursuing the remedy for maintenance and custody of the child before the Magistrate under the Act of 200....

Akrata Shipping S. A.  VS Pipavav Defense And Offshore Engineering Company Limited & 1

2017 0 Supreme(Guj) 1822 India - Gujarat

C.L.SONI

Such applications were initially filed in the Court of learned 2nd Additional District Judge Rajula, however were returned under Order 7, Rule 10 of the Civil Procedure Code, 1908 ('the Code') so as to submit them before the Principal Civil Judge, Rajula. ... D (supra) wherein it is observed that: ... "It follows from this that a choice of seat for the arbitration must be a choice of forum for remedies seeking to attack the award." ... be made use of where the remedy or proce....

Suresh Chandra Tamboli S/o Shri Muthara Das Tamboli VS Legal Representatives of Haji Mushtaq Hussain

2018 0 Supreme(Raj) 253 India - Rajasthan

NIRMALJIT KAUR

unfair to respondents and would result in setting a wrong precedent and encouraging each and every tenant in rent matters to adopt similar ... Rajasthan Rent Control Act, 2001 – Section 9, 27 – Limitation Act – Sections 5, 14 – Code of Civil Procedure ... under Section 9 of Act was allowed vide an ex parte judgment dated – Petitioner preferred an application under Order 9 Rule 13 CPC ... All this while, the petitioner was bonafidely pursuing the remedy against the order rejecting the application under Order 9 Rule 13 #HL....

T.  Muthukumarasamy VS J.  Selvasundarraj

2017 0 Supreme(Mad) 4148 India - Madras

S.S.SUNDAR

judgment and decree of trial Court and dismissed appeal –Held, sale becomes absolute on confirmation under Order XXI Rule 92 of Code ... Act, 1908 is reflective of legislative policy of finalizing proceedings in execution as quickly as possible by providing a quick forum ... Civil Procedure Code,1908 - Section 47 - Order 9 and XXI - Rule 13 , 95 and 94 - SARFAESI Act, 2002 -Section ... ... (b) To apply the doctrine, there must be existence of two or more remedies and such remedies sho....

Rajeshwari Sharma VS State

2018 0 Supreme(UK) 7 India - Uttarakhand

SHARAD KUMAR SHARMA

. * The authorities had acted in a discriminatory manner by granting pensions to other freedom fighters who had made similar claims ... This writ petition has been preferred by a widow of a freedom fighter, who is at present of 91 years of age, whose late husband died at the age of about 100 years, after earnestly pursuing the remedies available under law, ever since 05.03.1981, for the grant of Freedom Fighter Pension under the Rules ... One of the important tests to determine the issue of implied repeal would be whether the provisions o....

Kolkata Metropolitan Development Authority VS Sanmohan Chatterjee

2017 0 Supreme(Cal) 779 India - Calcutta

ANIRUDDHA BOSE, SANKAR ACHARYYA

Final Decision: The two appeals were disposed of, and the Court refused the prayer for stay of operation of the judgment and ... (supra) have been cited by the learned counsel for the appellants to contend that pursuing parallel remedies in different judicial fora constitutes abuse of process of the Court. ... It is also the appellants’ case that pursuing two remedies simultaneously constitute abuse of process of Court. Orissa Power Transmission Corpon. Ltd. Vs. Asian School of Busine....

B. S. K.  Madhavi VS Kotak Mahindra Bank Ltd. , Vijayawada

2012 0 Supreme(AP) 470 India - Andhra Pradesh

V.V.S.RAO, G.KRISHNA MOHAN REDDY

open to be decided by DRT/DRAT, as case may be, as and when petitioners approached – Court also observe that as petitioners are pursuing ... their remedies, ex debito justitiae, DRT/DRAT may entertain applications/appeals and decide them on merits, provided measures initiated ... rules and was subject to public law remedies. ... We also observe that as the petitioners are pursuing their remedies, ex debito justitiae, the DRT/DRAT may entertain the applications/appeals and decide them on merits, provided....

Nilesh Bhatt VS Administrative Officer, nagar Pradhamik Shikshan samiti

1995 0 Supreme(Guj) 332 India - Gujarat

S.K.KESHOTE

that there are number of other identical petitions which have already been decided by this Court on and main petition was special Civil ... filed on behalf of Board and to avoid unnecessary repetition of reply he prays be treated as these petitions - File of special Civil ... ... ( 13 ) THE question of pursuing two remedies simultaneously, one invoking the jurisdiction of Civil Court and the other under the Constitution, when the subject-matter agitated upon is one and the same in bot....

Maharashtra State Electricity Distribution Company Limited (MSEDCL) VS Jamiya Mohamad Education Society, Nashik

2024 0 Supreme(Bom) 686 India - Bombay

R. M. JOSHI

disconnection but does not bar the licensee from pursuing civil remedies for recovery of amounts due. ... Result: The impugned orders were set aside, allowing the petitioner to recover amounts through legal procedures ... but prohibiting disconnection for non-payment of bills beyond the two-year limit. ... The second issue pertains to the implication of the period of two years provided in Section 56(2) on the civil remedies of Utilities to recover e....

Lindsay International Private Limited VS Laxmi Niwas Mittal

2020 0 Supreme(Cal) 680 India - Calcutta

RAJASEKHAR MANTHA

The court also noted that subject matter issues were similar between the suit and reference. ... ... ... Result: Defendant restrained from pursuing arbitration and the suit allowed to proceed. ... ... ... Findings of Court: ... The defendant was restrained from pursuing the arbitration reference; they had waived their right ... A similar view has also been taken by the Supreme Court of Western Australia, by Allanson J in the Caratti Vs. Caratti decision (Supra) in respect of Sec. 8 of the Commercial Arbitration Act ....

SupremeToday Landscape Ad

Filter by Legal Phrase

SupremeToday Portrait Ad

Legal Issues on Supreme Today AI

back ground Icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top