Search Results for "amended plaint"

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NOTICE OF MOTION COMMERCIAL DIVISION NO. 196 OF 2018

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Bombay High Court Adjudicates Civil Revision Application Challenging Rejection of Plaint Rejection Application in Trust Dispute Under Maharashtra Trust Act. Application Under Order VII Rule 11(d) of CPC Alleges Bar of Suit by Sections 22, 50, 51, 70 of Maharashtra Trust Act, 1950.

The dispute centered on the expulsion of two trustees from a trust registered under the Maharashtra Trust Act, 1950. The applicants, comprising ten in...

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Supreme Court Dismisses Appeal in Specific Performance Suit — No Concluded Contract Found. Acceptance of Offer Through Plaint Filed in Another Suit Not Valid Under Indian Contract Act, 1872.

The case arose from a dispute over the assignment of leasehold rights for mining iron and manganese ores. The defendant, B. K. Narayan Singh, had ente...

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Bombay High Court Holds Service of Writ of Summons Without Copy of Plaint Invalid in Commercial Suits Under Commercial Courts Act, 2015 — Time for Filing Written Statement Does Not Run Until Proper Service Effected.

The judgment addresses an interim application by the defendant, Metso India Pvt Ltd, in a commercial suit filed by Atlanta Limited. The core issue was...

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High Court of Karnataka Dismisses Second Appeal in Declaration and Possession Suit — Substantial Question of Law Not Pressed. Amendment to plaint seeking both declaration and recovery of possession renders the framed question of law infructuous.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant against the judgment and decree dated...

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Bombay High Court Allows Appeal Against Return of Plaint in Suit for Specific Performance of Land in Delhi. Leave under Clause XII of Letters Patent Granted by High Court Survives Transfer to City Civil Court Under Section 16(d) CPC.

The appellant, Nouveau Exports Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 20th October 2000 in respect of propert...

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High Court of Karnataka Adjudicates Writ Petition Challenging Rejection of Applications for Deletion of Defendants. The Court Examines Whether Directors and Former Employees Are Necessary Parties in a Suit for Breach of Contract Under Order 1 Rule 10 of Code of Civil Procedure, 1908.

The matter concerns a writ petition filed before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India challenging an or...

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Bombay High Court Considers Interim Relief in Redevelopment Contract Dispute. Non-Cooperating Members of Cooperative Housing Society Face Motion for Injunction and Mandatory Orders.

The plaintiff, a developer, filed suit for specific performance of a redevelopment contract against a cooperative housing society and some of its non-...