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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
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Search Results for "Cause of action"

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High Court

High Court of Karnataka Allows Writ Petition Challenging Rejection of Counter Claim in Suit for Permanent Injunction — Counter Claim Held Maintainable Despite Pendency of Earlier Suit. The court held that a counter claim arising out of the same transaction cannot be rejected under Order VII Rule 11(d) CPC on grounds of res judicata or lack of cause of action.

5 Oct 2023

The petitioner, Rajeev Gandhi Gruha Nirmana Sahakari Sangha, filed a suit for permanent injunction against the respondent, Smt. Sulochana, in O.S. No....

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Cancellation of Release Deed — Plaint Not Liable for Rejection Under Order VII Rule 11 CPC as Cause of Action Disclosed. Allegations of Fraud and Misrepresentation in Obtaining Release Deed Constitute a Valid Cause of Action, and the Court Cannot Look into Defense at the Stage of Order VII Rule 11 CPC.

23 Jun 2023

The case arises from a civil suit filed by the plaintiff (respondent herein) seeking cancellation of a registered release deed dated 01.07.2019, alleg...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Registration of Sale Deed Based on Unregistered Will — Registration Act, 1908 Sections 17 and 49 Bar Unregistered Will from Affecting Immovable Property Rights. The court held that an unregistered Will cannot be used to challenge a registered sale deed or claim title without probate.

29 May 2023

The petitioners, legal representatives of Sri A. Vasudevachar, filed a writ petition under Article 226 of the Constitution of India before the High Co...

High Court

Bombay High Court Dismisses Writ Petition Challenging Jurisdiction in Recovery Suit. Part of Cause of Action Arising at Kolhapur Confers Jurisdiction Under Section 20(c) CPC.

15 Sep 2006

The petitioner, M/s. Rajesh Coach Builders (original defendant no.1), a partnership firm based in Jaipur, challenged the judgment and order dated 15.3...

High Court

Bombay High Court Allows Amendment of Written Statement to Incorporate Counter Claim for Possession Based on Subsequent Events. The court held that a counter claim based on a cause of action accruing after the suit can be entertained under Order 8 Rule 6A of CPC.

13 Sep 2006

The petitioner, Sheshrao Sable, was the original defendant in Regular Civil Suit No. 18 of 2004 filed by respondent No. 1, Ganesh Sable, for declarati...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Rejection Application in Communidade Property Suit. Order VII Rule 11(a) CPC Application Dismissed as Plaint Disclosed Cause of Action Under Code of Comunidades.

6 Sep 2006

The petitioner, M/s. Zuari Industries Ltd., filed a Civil Revision Application under Section 115 of the CPC challenging the order dated 20th March 200...

High Court

Bombay High Court Dismisses Landlords' Second Ejectment Suit as Barred by Order 22 Rule 9 CPC. Abatement of First Suit Exhausts Rent Controller's Permission and Prevents Fresh Suit Without Fresh Permission.

14 Jul 2006

The case involves a dispute between landlords (appellants) and tenants (respondents) over a suit for ejectment and possession. The original landlord, ...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Possession Suit - Trial Court Erred in Holding Lack of Territorial Jurisdiction Without Considering Pleadings on Cause of Action. The court held that under Order VII Rule 10 CPC, the entire plaint must be considered to determine jurisdiction, and part of cause of action arising within jurisdiction is sufficient.

6 Jul 2006

The appellants (original plaintiffs) filed a suit in the Bombay City Civil Court seeking a permanent and temporary injunction to restrain the responde...

High Court

Bombay High Court Allows Amendment in Hindu Marriage Petition — Amplification of Existing Grounds Not a Change in Cause of Action. The court permitted the petitioner to amend the petition to seek a declaration of nullity under Section 13 of the Hindu Marriage Act, 1955, based on the same facts of epilepsy, holding that the amendment did not introduce a new cause of action.

28 Jun 2006

The petitioner, Sajan Jagannath Nakase, filed a Hindu Marriage Petition under Section 13 of the Hindu Marriage Act, 1955, seeking dissolution of his m...

High Court

Bombay High Court Dismisses Suit for Lack of Jurisdiction in Trademark Infringement Case Involving Lions Club International. Court holds that no part of cause of action arose within its territorial jurisdiction under Section 9A of CPC as amended for Maharashtra.

25 Jan 2006

The plaintiff, International Association of Lions Club, filed a suit in the Bombay High Court seeking a perpetual injunction restraining the defendant...

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