Search Results for "frivolous suit"

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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...
Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...

Search Results for "frivolous suit"

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Supreme Court

Article 227 Cannot Override Order VII Rule 11 CPC | Supreme Court Restores Plaint Wrongly Struck Off by High Court (2026 INSC 121)

3 Feb 2026

The Supreme Court held that the High Court erred in striking off the plaint under Article 227 of the Constitution when a specific remedy under Order V...

High Court

High Court Dismisses Writ Appeal in Cooperative Society Dispute, Upholds Single Judge's Order Directing Joint Registrar to Decide Application on Merits. Frivolous and prolonged litigation erodes faith in justice delivery system.

28 Jun 2024

The appellant, Sri G. Krishnamurthy, had been involved in a long-standing dispute with the MICO Associates Housing Cooperative Society Ltd. The appell...

High Court

Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

22 Sep 2022

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

Supreme Court

Supreme Court Quashes Division Bench Order in Trade Mark Infringement Suit Due to Non-maintainable Intra-court Appeal. The Single Judge's Order Granting Time to File Affidavit-in-Opposition Was Not a 'Judgment' Under Clause 15 of Letters Patent, Making the Appeal Inadmissible.

14 Mar 2022

The dispute arose from a civil suit filed by the respondent-plaintiff against the appellant-defendants for infringement of the registered trade mark '...

High Court

Bombay High Court Dismisses Winding Up Petition in Commission Dispute. Debt Held Bona Fide Disputed Under Sections 433(e) and 434 of Companies Act, 1956.

6 Jun 2017

The petitioner, Total Sports & Entertainment India Pvt. Ltd., filed a winding up petition under Sections 433(e) and (f) and 434 of the Companies Act, ...

High Court

High Court of Karnataka Partly Allows Defendant's Petition and Dismisses Plaintiff's Revision in Summary Suit — Conditional Leave to Defend Upheld but Deposit Reduced. Court held that while the trial court had discretion to impose conditions under Order 37 Rule 3(5) CPC, the condition of depositing 50% of the suit claim was disproportionate and reduced it to 25%.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

High Court

High Court of Karnataka Upholds Conditional Leave to Defend in Summary Suit Under Order 37 CPC — Deposit of 50% of Suit Claim with Interest Upheld as Reasonable Condition. Court holds that while granting leave to defend, the trial court must balance the interests of both parties and can impose conditions to secure the plaintiff's claim, but such conditions must not be arbitrary or excessive.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Cancellation of Gift Deed — Plaint Not Liable to Be Rejected Under Order VII Rule 11 CPC as Fraud Allegations Require Trial. The court held that the plaint disclosed a cause of action based on fraud, and the question of limitation is a mixed question of law and fact under Article 59 of the Limitation Act, 1963.

9 Dec 2013

The revision petition was filed by the defendant (Kishan Kumar Sharma) challenging the order dated 04.04.2013 passed by the XXVIII Additional Civil Ju...

High Court

Bombay High Court Quashes Attachment Order in Defamation Suit Execution — Attachment of Immovable Property Without Notice to Judgment Debtor Violates Order XXI Rule 54 CPC. Court holds that issuance of attachment warrant without prior notice to the judgment debtor and without recording reasons is illegal and liable to be set aside.

4 Sep 2013

The petitioner, Dilipkumar Hirachand Jain, was the original plaintiff No.2 in Special Civil Suit No.332 of 1996, which was a suit for damages for defa...

High Court

Bombay High Court Dismisses Writ Petition Challenging Refusal to Delete Tenancy Issue in Suit for Declaration of Sale Deed as Void. Civil Court Has Jurisdiction to Decide Tenancy Issue When Ancillary to Main Relief, Not Exclusively Triable by Tenancy Court.

23 Jun 2006

The petitioner, an 87-year-old person of unsound mind represented by the in-charge of an old age home, filed a writ petition challenging an order date...

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