Search Results for "decree beyond plaint"

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Search Results for "decree beyond plaint"

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High Court

Bombay High Court Allows Second Appeal in Mesne Profit Case — Landlord Entitled to Future Mesne Profits Despite Decree Silence. Court holds that omission to award future mesne profits in eviction decree does not bar separate proceedings under Order 20 Rule 12 CPC.

17 Oct 2025

The present Second Appeal arises out of a judgment and decree dated 03.10.2022 passed by the learned District Judge-1, Bhandara in Regular Civil Appea...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Commercial Suit. Court holds that plaint discloses cause of action and is not barred by law, as the claim for recovery of investment and damages is based on alleged oral agreement and understanding between parties.

9 Oct 2025

The petitioners, defendants in a commercial suit, challenged an order of the City Civil Court dismissing their application for rejection of the plaint...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Cooperative Society Property Dispute. Petitioners Failed to Prove Possession Over Suit Property, No Prima Facie Case Established for Injunction Under Order 39 Rules 1 and 2 CPC.

1 Oct 2025

The petitioners filed a writ petition challenging the order dated 30.11.2024 passed by the District Judge-1, Karad, which dismissed their appeal again...

High Court

High Court of Karnataka Allows Commercial Appeal in Partnership Dispute — Rejects Rejection of Plaint Under Order VII Rule 11 CPC. Court holds that a plaint cannot be rejected on the ground of non-joinder of necessary parties or lack of cause of action when the plaintiff seeks declaration of partnership rights and accounts.

25 Sep 2025

The case involves a commercial appeal filed by Mrs. Bhagyashree Jain against M/s. Vyshnavi Visions and its partners, challenging the trial court's ord...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Plaint Amendment in Permanent Injunction Suit — Amendment Sought After Trial Commenced Held Barred by Proviso to Order VI Rule 17 CPC. The court upheld the trial court's order rejecting the amendment application filed after the commencement of trial, as the plaintiff failed to show due diligence and the amendment was sought after a lapse of nearly 5 years.

30 Jul 2025

The petitioner, who was the plaintiff in O.S. No. 1102 of 2017 before the II Additional Civil Judge, Bengaluru Rural, filed a writ petition under Arti...

High Court

Bombay High Court Dismisses Application to Set Aside Consent Decree in Commercial Suit — No Fraud or Collusion Found. Consent Terms Recorded in Suit for Specific Performance of Share Purchase Agreement Were Valid and Binding, Not Vitiated by Fraud or Misrepresentation Under Order XXIII Rule 3 CPC.

11 Mar 2020

The judgment arises from a Notice of Motion filed by the original defendants (applicants) in a commercial suit seeking to set aside a consent decree d...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Club Membership Dispute Under MPT Act. The court held that the Trial Judge must examine whether the reliefs sought fall under Section 50 of the Maharashtra Public Trusts Act, 1950, before rejecting the plaint for want of prior consent of the Charity Commissioner.

12 Jun 2017

The appellant, Rajesh Chunilal Meghani, filed a civil suit (Suit No. 3602 of 2015) in the City Civil Court at Bombay against The Andheri Recreation Cl...

High Court

High Court of Bombay Dismisses Applications to Vacate Arrest of Vessels in Bunker Supply Disputes Involving Insolvent Intermediary. Maritime Claim for Bunkers Supplied to Vessel Held Enforceable In Rem Despite Lack of Privity Between Supplier and Owner.

15 Apr 2015

The High Court of Bombay heard two notices of motion filed by the defendants in two admiralty suits seeking to vacate the arrest of their vessels. The...

High Court

Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

25 Sep 2013

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

High Court

Bombay High Court Dismisses Appeals Against Injunction in Specific Performance Suit — Agreement to Sell Not Concluded Due to Unfulfilled Conditions Precedent. The court held that the agreement was subject to conditions precedent and the plaintiffs failed to show readiness and willingness, but balance of convenience favored maintaining status quo.

30 Nov -0001

The appellant, M/s Mahavir Associates, a partnership firm, filed appeals against an order of the Trial Court granting temporary injunction in favor of...

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