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 — Order 7 Rule 11(d) CPC Application Rejected as Plaint Discloses Cause of Action. The Court held that the plaint cannot be rejected under Order 7 Rule 11(d) CPC if it discloses a cause of action, even if the claim may be weak or unlikely to succeed.

31 Aug 2021

The present Civil Revision Petition was filed by the defendant No.4 in O.S.No.238/2017, a suit for declaration and perpetual injunction instituted by ...

High Court

High Court of Karnataka Allows Revision Petition in Permanent Injunction Suit — Plaint Rejected as Barred by Law Under Order VII Rule 11(d) CPC. Non-Disclosure of Cause of Action and Prior Litigation Between Parties Led to Rejection of Plaint as Abuse of Process.

10 Aug 2021

The present case arises from a civil revision petition filed by the defendants (petitioners) against an order of the III Additional Civil Judge, Vijay...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Workmen's Compensation Case, Allows Fresh Claim Petition After Dismissal for Non-Prosecution. Dismissal for non-prosecution does not bar a fresh petition on the same cause of action under the Workmen's Compensation Act, 1923.

5 Jul 2021

The case involves an appeal by the New India Assurance Co. Ltd. against an award of compensation under the Workmen's Compensation Act, 1923. The claim...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11(a) CPC — Cause of Action Disclosed. Plaint Cannot Be Rejected Merely Because Judge Thinks Plaintiff May Not Succeed; Defence Not Material at This Stage.

29 Jul 2013

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court rejecting the plaint under Order VII Rule 11(a) of the Code of Ci...

High Court

Bombay High Court Dismisses Preliminary Objection on Jurisdiction in Arbitration Petition. Exclusive Jurisdiction Clause in Member-Client Agreement Conferring Jurisdiction on Mumbai Courts is Valid and Binding.

8 Apr 2013

The petitioner, SPS Share Brokers Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arb...

High Court

Bombay High Court Dismisses Appeal Against Summary Judgment in Commercial Contract Dispute. Exclusive Jurisdiction Clause in Purchase Order Held Inapplicable as No Cause of Action Arose at Stipulated Venue.

1 Apr 2013

The respondent, Shell Life Sciences Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the appellant, Aglowm...

High Court

Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in International Commercial Arbitration. Parties Impliedly Excluded Part I of Arbitration and Conciliation Act, 1996 by Agreeing to ICC Rules and Zambian Law.

19 Mar 2013

The petitioner, Konkola Copper Mines (PLC), a company registered in Zambia, filed a petition under Section 9 of the Arbitration and Conciliation Act, ...

High Court

Bombay High Court Allows Amendment of Plaint in Property Suit, Holding That Amendment Seeking to Add Party and Correct Errors Does Not Change Cause of Action. The court set aside the trial court's dismissal of chamber summons under Order VI Rule 17 CPC, allowing the plaintiff to amend the plaint to add a necessary party and correct mistakes.

6 Mar 2013

The petitioners, Smt. Pinky Devi and Mr. Neerajsingh Sunder Singh Thakur, filed two writ petitions under Article 227 of the Constitution of India chal...

High Court

Bombay High Court Dismisses Writ Petition for Lack of Territorial Jurisdiction in Mining Lease Revision Challenge. Revisional Order Passed by Central Government Tribunal at Delhi Does Not Confer Jurisdiction on Nagpur Bench Despite Property Location in Maharashtra.

5 Mar 2013

The petitioner, Vidarbha Mining Association, a registered partnership firm with its registered office at Nagpur, filed a writ petition under Articles ...

High Court

Bombay High Court Dismisses Revision Application in Suit for Declaration and Injunction — City Civil Court Has Jurisdiction Over Sublease Agreement Dispute. Part of Cause of Action Arose in Mumbai Where Agreement Was Executed and Defendant's Office Located.

1 Mar 2013

The applicant, Diamond & Gem Development Corporation Limited, was the original defendant No.1 in Short Cause Suit No.818 of 2011 filed by respondent N...

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