Search Results for "Cause of action"

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Search Results for "Cause of action"

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High Court

High Court of Karnataka Dismisses Revision Petition in Property Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Declaration Not Barred by Limitation as Cause of Action Arose from Denial of Title in 2019.

21 Jul 2022

The case involves a civil revision petition filed by the defendants (petitioners) against an order of the trial court rejecting their application unde...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Specific Performance Suit — Maintainability of Civil Suit Not Barred by Senior Citizens Act, 2007. Order 7 Rule 11 CPC Rejection Set Aside as Plaint Disclosed Cause of Action and Bar Under Section 23 of Senior Citizens Act Not Applicable to Agreements Prior to Act.

30 Jun 2022

The appellant/plaintiff filed a suit for specific performance of contract of sale, alleging that the respondent/defendant executed a registered agreem...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order 7 Rule 11 CPC Not Applicable When Plaint Discloses Cause of Action. Court holds that rejection of plaint under Order 7 Rule 11 CPC is permissible only if the plaint does not disclose a cause of action, and the court cannot go beyond the averments in the plaint.

11 Mar 2022

The appellant, Sri Nath M.S., filed a suit for partition and separate possession of suit schedule properties against the respondents, who are his fami...

High Court

Karnataka High Court Dismisses Appeal in Service Matter — Limitation Bar for Recovery of Salary Arrears. Suit for recovery of salary arrears filed after 20 years held barred by limitation under Article 58 of Limitation Act, 1963.

24 Feb 2022

The appellant, Smt. Rabiya Abdul Hamid Bepari, filed a Regular First Appeal under Section 96 read with Order 41 Rules 1 and 2 of the Code of Civil Pro...

High Court

Bombay High Court Grants Interim Injunction Under Section 9 of Arbitration Act in Channel Finance Dispute — Territorial Jurisdiction Upheld Based on Part of Cause of Action. Court held that since petitioner's registered office is in Mumbai, part of cause of action arose there, and thus Bombay High Court has jurisdiction to entertain Section 9 petition.

18 Dec 2013

The petitioner, Tata Capital Financial Services Ltd., a non-banking financial company with its registered office in Mumbai, filed a petition under Sec...

High Court

Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. Accused's Assurance to Honour Cheque on Re-deposit Does Not Bar Prosecution When Complaint Filed Within Limitation.

25 Apr 2006

The appellant, Ex-Major Uday Sathe, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881. He sold 50 equit...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT Orders on Territorial Jurisdiction and Interim Relief. Held that DRT Ahmedabad had jurisdiction to entertain the bank's recovery application and that the Appellate Tribunal's refusal to grant interim relief was justified.

27 Feb 2006

The petitioner, M/s. GTCL Mobile-Com Technology Limited, a company registered under the Companies Act, challenged two orders: (1) an order dated 14-11...

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 (Lions Club International), filed a suit in the Bombay High Court seeking a perpetual injunctio...

High Court

Bombay High Court Dismisses Suit as Barred by Limitation in Property Dispute Over Incomplete Building. Plaintiff's claim for declaration of ownership and injunction held time-barred under Article 58 of Limitation Act, 1963 as cause of action arose in 1969 when assignment deed was executed.

20 Jan 2006

The plaintiff, M/s. Foreshore Co-operative Housing Society Ltd., filed a suit in 1999 seeking a declaration that it is the owner of the entire suit la...

High Court

Bombay High Court Dismisses Appeal in Property Suit — Upholds Order Rejecting Plaint for Non-Disclosure of Cause of Action. Failure to Establish Title and Possession Leads to Rejection of Plaint Under Order VII Rule 11 CPC.

30 Nov -0001

The appellant, M/s. Rizvi Builders, a proprietary concern of Mr. Akhtar Hasan Rizvi, filed a suit against the respondents, who are members of a Hindu ...

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