Search Results for "Cause of action"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "Cause of action"

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High Court

Bombay High Court Dismisses Patent Infringement Suits as Patents Were Revoked Prior to Filing. Summary Judgment Granted Under Order XIII-A CPC as Plaintiff Had No Locus Standi to Sue for Infringement of Revoked Patents.

7 May 2026

The plaintiff, Bharat Bhogilal Patel, filed two suits for infringement of two patents granted in 2003. The defendants, TVS Electronics Ltd. and Kalelk...

High Court

Bombay High Court Dismisses Bank's Petition Challenging Rejection of Plaint Rejection Application in SARFAESI Act Suit. Court Holds That Bar Under Section 34 of SARFAESI Act Is Not Absolute and Civil Court Retains Jurisdiction to Examine Legality of Proceedings.

5 May 2026

The petitioners, Jalgaon Peoples Co-operative Bank Ltd. and its authorized officer, challenged an order dated 27.09.2016 passed by the 6th Joint Civil...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.

17 Nov 2025

The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...

High Court

Bombay High Court Allows Civil Revision Application in Property Dispute Over Succession Certificate — Held That Succession Certificate Is Not Necessary for Claiming Title by Adverse Possession or Will. The court clarified that a succession certificate under the Indian Succession Act, 1925 is not a prerequisite for filing a suit for declaration of title based on a Will or adverse possession, and that the Civil Court has jurisdiction to decide such matters.

14 Nov 2025

The case involves two cross civil revision applications arising from a property dispute between Maharukh Mediomah Patel (applicant in CRA/64/2021) and...

High Court

High Court of Karnataka Dismisses Revision Petition Challenging Rejection of Plaint Rejection Application in Suit for Specific Performance. Court holds that the plaint discloses a cause of action and the suit is not barred by limitation, as the agreement to sell was executed in 2016 and the suit was filed in 2021 within the period of limitation.

4 Jul 2023

The petitioners, who were defendants No.5 and 6 in the original suit, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Order Rejecting Plaint Under Order 7 Rule 11 CPC Set Aside. Court Held That Plaint Discloses a Cause of Action and Cannot Be Rejected at Threshold When Triable Issues Exist.

27 Jun 2023

The petitioners (plaintiffs) filed a suit for declaration and injunction in O.S. No. 4909/2018 before the II Additional City Civil and Sessions Judge,...

High Court

Karnataka High Court Allows Revision Petition in Property Declaration Suit — Order VII Rule 11(d) CPC Application Rejected as Plaint Discloses Cause of Action. Court holds that the plaint cannot be rejected under Order VII Rule 11(d) CPC when the plaintiff's claim is based on a different title and the earlier decree is challenged as not binding.

23 Jun 2023

The case arises from a civil revision petition filed by the petitioner (defendant No.1 in the original suit) challenging the order dated 02.06.2022 pa...

High Court

High Court of Karnataka Dismisses Revision Petition Challenging Rejection of Plaint in Suit for Damages and Injunction — Order 7 Rule 11 CPC Application Rejected as Plaint Discloses Cause of Action. The court held that the plaint as a whole must be considered and that the legal notice sent by the plaintiffs to the defendants was part of the plaint averments indicating a cause of action.

15 Jun 2023

The revision petition was filed by the defendants (petitioners) challenging the order dated 14.03.2023 passed by the III Additional Senior Civil Judge...

High Court

High Court of Bombay at Goa Allows Amendment of Plaint in Specific Performance Suit — Petitioner Granted Leave to Amend Despite Delay as No New Cause of Action Introduced. Amendment under Order VI Rule 17 CPC Permitted as It Only Clarified Existing Pleadings and Added Alternative Prayer Without Changing Nature of Suit.

17 Jan 2014

The petitioner, T. V. P. Bhaskar Rao, filed a suit for specific performance of contract, injunction, and other reliefs against M/s. Susheela Homes & P...

High Court

Bombay High Court Dismisses Widow and Son's Admiralty Suit for Compensation for Death of Chief Engineer on Duty — Claim Arising from Contract of Employment Not Within Admiralty Jurisdiction. No Maritime Lien Exists for Compensation for Death on Duty, and Suit Barred by Limitation.

8 Nov 2006

The plaintiffs, Alice Elizabeth D'Souza (widow) and Alwin Mathew D'Souza (minor son), filed an admiralty suit against Motor Vessel Magalam (defendant ...

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