Search Results for "civil suit dismissal"

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Search Results for "civil suit dismissal"

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High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Order 7 Rule 11(d) CPC Application in Suit for Specific Performance. Court Holds That Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

7 Sep 2023

The case involves a Civil Revision Application and a Writ Petition filed by M/s J.M. Baxi & Co. (the applicant/petitioner) challenging an order dated ...

Supreme Court

Supreme Court Dismisses Appeal in Benami Property Dispute Under Benami Transaction (Prohibition) Act, 1988. Plaintiffs Failed to Prove Property Was Held for Benefit of Hindu Undivided Family Coparceners Under Section 4(3)(a), Making Suit Barred Under Section 4(1).

5 Sep 2022

The dispute originated from a civil suit filed by Laxmi Prasad, his wife, and two daughters against his two sons and subsequent purchasers, seeking de...

Supreme Court

Supreme Court Adjudicates Appeal Against High Court Order Impleading Purchasers in Second Appeal. High Court Allowed Condonation of Delay and Impleadment Under Order I Rule 10 and Order XXII Rule 10 CPC Despite Lis Pendens.

27 Jul 2026

The litigation originates from a property dispute between the widows of Girdhari Lal. The original plaintiff Bhagwan Dai filed a suit claiming exclusi...

High Court

Bombay High Court Hears Writ Petition Challenging Charity Commissioner’s Sanction for Sale of Trust Property. Court’s Determination Not Included in the Provided Judgment Fragment.

11 Dec 2019

The matter arose from an application filed by the trustees of a registered public trust before the Charity Commissioner seeking prior sanction for sal...

High Court

Bombay High Court Quashes Trial Court's Order Framing Preliminary Issue on Maintainability in Specific Performance Suit — Section 16 of Specific Relief Act Cannot Be Decided as Preliminary Issue Without Evidence. The issue of maintainability under Section 16 of the Specific Relief Act, 1963, is a mixed question of law and fact and cannot be tried as a preliminary issue under Order XIV Rule 2 CPC.

4 Apr 2018

The Bombay High Court was hearing two writ petitions filed by M/s. Skyline Construction, a partnership firm, challenging an order dated 13th November ...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Plaint in Malicious Prosecution Suit — Acquittal in Section 138 NI Act Proceedings Does Not Automatically Furnish Cause of Action for Malicious Prosecution. The court held that a suit for malicious prosecution based solely on acquittal in proceedings under Section 138 of the Negotiable Instruments Act, 1881, without allegations of malice and lack of reasonable cause, is not maintainable and the plaint is liable to be rejected under Order VII Rule 11 CPC.

2 Jul 2026

The applicant, Abhijeet B. Chavan, filed a Civil Revision Application before the Bombay High Court challenging an order dated 2nd January 2024 passed ...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Return in Summary Suit — Friendly Loan Not a Commercial Transaction Under Commercial Courts Act, 2015. The court held that a suit for recovery of a friendly loan filed under Order 37 Rule 2 CPC is not a commercial suit under Section 2(c) of the Commercial Courts Act, 2015.

6 Dec 2021

The respondent (original plaintiff) filed a Commercial Summary Suit under Order 37 Rule 2 of the Code of Civil Procedure, 1908 (CPC) against the petit...

High Court

Bombay High Court Upholds Eviction of Tenant for Unauthorised Permanent Construction Under Maharashtra Rent Control Act. Tenant's temporary structure argument rejected as Appellate Court found MS angles, asbestos sheets, and polythene roof constituted permanent construction causing danger to building.

21 Oct 2024

The case involves a dispute between the respondent-landlord, Kadambagiri Estates Pvt. Ltd., and the petitioner-tenant, Mrs. Binaifer Batiwala, over ev...

High Court

High Court of Karnataka Allows Revision Petition Against Dismissal of Impleadment Application in Civil Suit. Petitioner, a former director, held to be a necessary party for effective adjudication of suit involving allegations of fraud and misrepresentation.

13 Dec 2022

The petitioner, Mr. Gangadharappa Munindra Kumar @ Kumar G.M., filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 ...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Agreement for Sale Not Concluded Due to Non-Payment of Balance Consideration and Failure to Clear Encumbrances. Court sets aside decree for specific performance and directs refund of earnest money with interest under Section 20 of Specific Relief Act, 1963.

18 Aug 2010

The appellant, Smt. Rosalie Roy, was the owner of a flat in Pune which she agreed to sell to the respondents, Balasaheb Bapurao Tupe and another, for ...

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