Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

Bombay High Court at Goa Dismisses Appeals of Occupants Challenging Eviction from Comunidade Land — Appellants Failed to Prove Title or Authorisation, Eviction Upheld Under Order 12 Rule 6 CPC and Section 38 Specific Relief Act, 1963.

1 Nov 2023

The case involves five first appeals filed by Ayub Khan, Khurshida Ahmad, Salim Sandhi, Mehmood A. Ansari, and Dadapir Lohar against the State of Goa,...

High Court

High Court of Karnataka Adjudicates Regular First Appeal Under Section 96 CPC Against Order Rejecting Plaint Under Order VII Rule 11 CPC in Suit for Partition and Declaration. Trial Court Found No Cause of Action and Allowed Application Filed by Defendants 24 and 26; Appeal Examines Whether Plaint Discloses Triable Issues.

29 Jun 2026

The present Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908, by the plaintiffs against the order dated 14.10.2019...

High Court

Bombay High Court Grants Conditional Leave to Defend in Summary Suit — Emphasizes Need for Brevity in Pleadings. The court allowed the defendants to defend the suit on condition of depositing a portion of the claimed amount, while deprecating prolix pleadings.

9 Aug 2021

The applicant, JSW Steel Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against M/s. Paras Das Jain and Sons and two ...

High Court

Bombay High Court Restrains Defendant from Using Similar Trademark in Instant Adhesive Case. Affirms Likelihood of Confusion Between 'FEVIKWIK' and 'KWIKHEAL' Based on Overall Similarity of Marks and Trade Dress.

2 Aug 2017

The plaintiff, Pidilite Industries Limited, a leading manufacturer of adhesives and sealants, filed a suit against Poma-Ex Products and others for tra...

High Court

Bombay High Court at Goa Dismisses Civil Revision Application in Property Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. The Court held that the plaint disclosed a cause of action and was not barred by limitation, as the suit was for partition and separate possession based on joint family property.

6 Jul 2023

The judgment arises from a Civil Revision Application filed by the applicants (defendants in the original suit) against the order of the Civil Judge, ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Specific Performance Suit. Partnership Firm's Unregistered Status Does Not Bar Suit by Partners in Individual Capacity Under Section 69(2) of Indian Partnership Act, 1932.

15 Sep 2011

The case involves a Civil Revision Application filed by the petitioner, Mangilal Jagrupji Jain, who was defendant no.3 in a suit for specific performa...

High Court

Madras High Court Dismisses Revision Petitioner in Civil Revision Petition Against Family Court Order Refusing to Reject Plaint in Declaration Suit, Finding No Failure of Cause of Action. Plaint Alleged Mediation Steps and Pronouncement of Talaqs, and Requirements under Order VII Rule 1(e) CPC Deemed Satisfied; Objection Based on Shayara Bano Judgment Held Not Applicable at Rejection Stage.

10 Jul 2026

The dispute arose out of a matrimonial discord between a husband and wife who were married on November 11, 2007 under Islamic customs. After the husba...

Supreme Court

Supreme Court Sets Aside High Court Order Returning Plaint in Civil Suit Over Immovable Property Jurisdiction. The Court Held That the Trial Court in Pune Had Territorial Jurisdiction Based on an Exclusive Jurisdiction Clause in the Agreement and That the Suit Primarily Sought Declaratory and Injunctive Reliefs for Contractual Breaches, Not Directly Concerning Immovable Property Under Order VII Rule 10 CPC, and Modified the Order to Set Aside the Rejection Under Order VII Rule 11 CPC Due to Contradiction.

2 Mar 2023

The appeals arose from a common order of the Bombay High Court allowing civil revision applications against orders of the 9th Joint Civil Judge, Senio...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of Agricultural Land Not Enforceable as Plaintiff Did Not Demonstrate Financial Capacity and Conduct Showed Lack of Readiness.

30 Nov -0001

The appellant, Jayantilal Devji Shah, filed a suit for specific performance of an agreement for sale of agricultural land against the respondents. The...

High Court

High Court Dismisses Civil Revision Application Challenging Rejection of Plaint Under Order VII Rule 11(d) CPC in Suit for Declaration and Specific Performance -- Applicant Application Rejected, Anil Hariprasad Jejani's Suit to Proceed

10 Feb 2026

The High Court of Judicature at Bombay, Nagpur Bench dismissed Civil Revision Application No.117 of 2025 filed by Ramesh Bhagirath Rander (applicant/d...

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