Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

High Court of Karnataka Quashes Order Dismissing Application for Return of Plaint in Commercial Suit — Territorial Jurisdiction of Commercial Court Determined by Principal Civil Court Under Section 2(1)(c)(vii) of Commercial Courts Act, 2015. The Court held that since the suit property was situated in England and no cause of action arose in Bengaluru, the Commercial Court lacked territorial jurisdiction, and the plaint must be returned for presentation before the competent court.

8 Jul 2025

The petitioners, M/s Tefilah Infrastructure Pvt. Ltd. and its Managing Director Siddhartha Gupta, filed a writ petition under Articles 226 and 227 of ...

High Court

High Court Dismisses Bank's Revision in SARFAESI Act Suit — Civil Court Jurisdiction Not Barred. Suit for Declaration and Injunction Regarding Personal Guarantee Held Maintainable as It Does Not Relate to Enforcement of Security Interest Under Section 34 of SARFAESI Act.

20 Jul 2017

The case involves a civil revision application filed by Allahabad Bank against an order of the Joint Civil Judge, Junior Division, Nagpur, rejecting t...

High Court

Madras High Court Adjudicated a Commercial Suit for Recovery of Chit Maturity Amount Against a Partnership Firm and Partners. The plaintiff claimed the maturity value based on an acknowledgment of liability and promissory estoppel, while the defendants raised a prior suit for injunction and accounts.

21 Jan 2025

The plaintiff, a construction company, filed a commercial suit against a partnership firm (first defendant) and its partners (defendants 2 to 6) for r...

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 Allows Civil Revision Application, Rejects Plaint in Co-operative Society Recovery Dispute. Challenge to Attachment and Auction Orders Under Maharashtra Co-operative Societies Act, 1960 Barred by Section 163, Civil Court Lacks Jurisdiction.

17 Oct 2025

The petitioner, Kalika Nagri Sahakari Patsanstha Maryadit, a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960, f...

High Court

High Court of Bombay at Goa Allows Writ Petition Against Trial Court's Order to Decide Amendment Application Before Return of Plaint. Procedural Order Set Aside as Contrary to Order 7 Rule 10 CPC — Inherent Lack of Jurisdiction Cannot Be Cured by Amendment.

25 Sep 2025

The petitioner, Akshay Quenim, filed a writ petition before the High Court of Bombay at Goa challenging an order dated 06.06.2025 passed by the Civil ...

High Court

High Court of Bombay at Goa Dismisses First Appeal in Partnership Firm Suit for Specific Performance - Plaint Rejection Under Order VII Rule 11 CPC Upheld Due to Res Judicata. Subsequent Suit by Registered Firm Barred as Cause of Action Identical to Prior Dismissed Suit by Unregistered Firm Under Section 69(2) of Indian Partnership Act, 1932.

27 Feb 2026

The dispute originated from agreements for sale of a plot of land in Goa, where the appellant, initially an unregistered partnership firm, entered int...

Supreme Court

Supreme Court Allows Appeals Against Rejection of Plaint Under Order 7 Rule 11 CPC in Mortgage Dispute Between Flat Purchasers and Bank. The court held that a civil suit seeking declaration that a mortgage is not valid and for specific performance of an agreement to purchase flats is not barred under Section 34 of the SARFAESI Act, as the reliefs are outside the jurisdiction of the DRT.

1 Jul 2019

The Supreme Court considered appeals against a common judgment of the Bombay High Court which had allowed notices of motion filed by Axis Bank Ltd. (r...

High Court

Bombay High Court Allows Amendment of Plaint in Pre-emption Suit Under Portuguese Civil Code — Right of Co-owner to Purchase Share Not Extinguished by Sale to Third Party. The court held that at the pre-trial stage, amendments to pleadings should be liberally allowed to determine the real controversy, and the trial court erred in dismissing the application under Order VI Rule 17 CPC.

7 Feb 2025

The petitioners, as co-owners of a suit property, filed a suit for declaration, specific performance, and injunction against the respondents, who are ...

High Court

Bombay High Court Allows Revision Against Rejection of Plaint in Municipal Corporation Suit — Bar of Civil Court Jurisdiction Under Section 433A of Maharashtra Municipal Corporations Act Can Be Considered Under Order VII Rule 11 CPC. The court held that a suit challenging a notice under Section 260 for unauthorized construction is barred by Section 433A, and the bar can be examined under Order VII Rule 11 even if not apparent from the plaint.

29 Apr 2013

The case involves a civil revision application filed by the Commissioner of Akola Municipal Corporation against an order of the Trial Court rejecting ...

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