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decide such
incidental issues. On appeal the High Court held that the
civil court which had jurisdiction to entertain ... with which the jurisdiction of the civil Court is
ousted under s. 85. The Bombay High Court which had
initially
Supreme Court of India
first clause
completely bars the jurisdiction of the civil court from deciding or
dealing with questions which have ... this view. The Supreme Court affirmed
the High Court's decision that till the Mamlathdar decided on the plea
Kerala High Court
decision of that Court.
The Supreme Court approved the view expressed in the decision of this
Court in Kali- charan ... Supreme Court held that the finding of the learned District Judge that
the Civil Court had no jurisdiction to hear
Gujarat High Court
suit in defining the limits of the
jurisdiction conferred upon the High Court the expression "suit" should
be substituted ... proceedings in a Civil Court. On the
authority of the above decision of the Supreme Court it has been
recently
Allahabad High Court
decision of Supreme Court in Ishverlal Thakorelal v. Motibhai,
. The facts of this case before the Supreme Court were ... Supreme Court their Lordships found that the
findings recorded by the District Judge that the Civil Court had to
jurisdiction
Bombay High Court
tribunal or Court with a wider
jurisdiction including the authority to deride whether it has
jurisdiction to decide the matter ... jurisdiction to examine the question afresh. But the High Court held
that it is not competent to an executing Court
Gujarat High Court
jurisdiction of the Civil Court is completely ousted
and It any question under the said Act arises, the Civil Court ... held that the jurisdiction of the Civil Court
to decide the questions which have been specified
Gujarat High Court
Court in the case of Raman Lamba vs. D.M.Harish, AIR 1991 Bombay 311, judgment of Madras High Court ... decided on 01.12.2005, wherein the Hon'ble Delhi High Court was pleased to lay down as under:
"
Madras High Court
provisions
and can only be decided by a civil court of competent jurisdiction.
(3) The Charity Commissioner is not competent ... thereto is within the jurisdiction of the civil court.
(4) Once the civil court decides this issue, the Charity
Commissioner
Gujarat High Court
ground that Section 16-A
barred the civil court's Jurisdiction to decide the matter. But the
dismissal ... authority to decide and further remedies by
way of appeal and revision, the civil court's jurisdiction, by
necessary implication
Madras High Court
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