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 Revision Petition in Suit for Declaration and Injunction — Plaint Not Barred by Section 70 of Karnataka Societies Registration Act, 1960. Order VII Rule 11 CPC Application Rejected as Suit Discloses Cause of Action and Is Not Time-Barred.

10 Nov 2022

The petitioner, defendant No.3 in O.S.No.49/2010, filed a civil revision petition under Section 115 CPC challenging the order dated 17.12.2018 passed ...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Matter — Civil Court Has Jurisdiction to Examine Validity of Sale Notice Where Fraud or Irregularity Alleged. The court held that the bar under Section 34 of SARFAESI Act does not oust civil court jurisdiction when the challenge is based on fraud or violation of statutory provisions.

12 Aug 2022

The appellants, plaintiffs in the original suit, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging ...

High Court

Bombay High Court Dismisses Tenant's Petition Challenging Maintainability of Suit by 'Vinkar Bhavan' — Building Name Held to be a Mere Description, Not a Juridical Person, but Suit Maintainable as Landlord is Natural Person. The Court upheld the trial court's rejection of preliminary objection under Order VII Rule 11(a) CPC and application for non-joinder of necessary parties.

13 Nov 2013

The petitioner, Dr. Ashok Agrawal, a tenant, challenged two orders passed by the trial court: (1) rejecting his preliminary objection that the suit fi...

High Court

Bombay High Court Dismisses Wife's Appeal in Matrimonial Dispute Due to No Surviving Cause of Action After Cohabitation Resumed. The Court upheld the trial court's dismissal of divorce petition as the parties had resumed living together after the alleged cruelty, extinguishing the cause of action.

23 Oct 2013

The appellant, Mrs. Brigida de Souza, filed a Matrimonial Petition (No. 47/2000) seeking divorce and other reliefs against her husband, Mr. Julino De ...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Partition Suit for Lack of Leave Under Clause XII of Letters Patent. Court holds that leave under Clause XII is not required when part of cause of action arises within jurisdiction and suit is for partition of immovable property situated partly within and partly outside jurisdiction.

11 Oct 2013

The plaintiff, Shyam Balkishan Chandak, filed a suit for partition and separate possession of immovable properties against his mother and siblings. Th...

High Court

Bombay High Court Revokes Leave Under Clause 12 of Letters Patent in Arbitration Matter — No Part of Cause of Action Arose Within Court's Territorial Jurisdiction. The court held that leave to sue cannot be granted when the entire cause of action arises outside the court's territorial limits, even if the arbitration clause is broad.

10 Oct 2013

The case involves a Chamber Summons filed by Narendra Gorani (Applicant) seeking revocation of leave granted under Clause 12 of the Letters Patent to ...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Revoke Leave Under Clause 12 of Letters Patent in Mortgage Suit. Part of Cause of Action Arose Within Jurisdiction as Loan Agreement and Assignment Deed Were Executed in Mumbai and Title Deeds Deposited There.

1 Oct 2013

The appellant, Deccan Chronicle Holdings Ltd., was the original First Defendant in a suit filed by PIL Industries Ltd. (the plaintiff) for recovery of...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order 7 Rule 11 CPC — Plaint Disclosed Cause of Action for Declaration and Injunction Regarding Tenancy Rights. The court held that the trial court erred in rejecting the plaint as it raised triable issues concerning tenancy and agreements between defendants.

26 Sep 2013

The appellant, legal heir of Prahladsingh Ramkhilavan Singh, filed appeals against the rejection of plaints in two suits under Order 7 Rule 11 of the ...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Time-Barred Counterclaim in Arbitration. Limitation for Counterclaim Runs from Date of Termination of Contract, Not from Subsequent Correspondence.

16 Aug 2013

The appeal arose from an order dated 1 October 2012 passed by a learned Single Judge under Section 34 of the Arbitration and Conciliation Act, 1996, d...

High Court

Bombay High Court Dismisses Impleadment Application in Property Suit — Plaintiffs Fail to Establish Prima Facie Title or Possession. Order 1 Rule 10 CPC requires direct legal interest; vague claims of possession without documentary evidence insufficient for impleadment.

30 Nov -0001

The judgment pertains to a Notice of Motion filed by the plaintiffs in a suit seeking a declaration of ownership and possession of a property. The pla...

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