Supreme Court · 2003 INSC 301 · Decided 7 July 2003
Dwarka Prasad Agarwal (Dead) BY LRS. and ANR. v. Ramesh Chandra Agarwal and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 301 · [2003] SUPP. 1 S.C.R. 376
- Case number
- CIVIL APPEAL No. 4774/1996
- Decided
- 7 July 2003
- Bench
- V.N. KHARE, S.B. SINHA, AR. LAKSHMANAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 9; Companies Act Section 9, 10; Specific Relief Act Section 6
Headnote
PRASAD AGARWAL (DEAD) BY LRS. AND ANR. v. RAMESH CHANDRA AGARWAL AND ORS. JULY 7, 2003 B [V.N. KHARE, CJ., S.B. SINHA AND DR. AR. LAKSHMANAN, JJ.) Civil Procedure Code, 1908; Section 9: Title/ownership of the business property-One party dispossessed other- C Rival claims-Nature of jurisdiction upon the civil court to resolve the dispute unless barred under a statute-Jurisdiction of civil court is not completely barred under the Companies D Act-Hence suit is maintainable-Suits on such claims would also be maintainable under Specific Relief Act-Provision of law seeking bar
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)