Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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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 ...

High Court

Bombay High Court Dismisses Partition Suit by Second Wife Against Stepchildren — Agreement of 1989 Bars Claim to Deceased Husband's Properties. Court Holds That Plaintiff Voluntarily Relinquished Rights to Movable and Immovable Properties of Sureshchandra Jhaveri by Agreement Dated 03.05.1989, Which Was Not Vitiated by Coercion or Misrepresentation, and That Properties in Exhibit-A Were Not Self-Acquired Properties of Deceased.

10 Jun 2024

The Plaintiff, the second wife of Sureshchandra Jhaveri, filed a suit seeking a declaration of her one-fourth share in the suit properties described i...

High Court

Bombay High Court Rejects Plaint in Commercial Summary Suit for Non-Compliance with Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. The court held that the plaintiff failed to demonstrate genuine urgency to bypass mandatory pre-institution mediation, as the suit sought recovery of development management fees and security deposit without any specific instances of imminent threat.

11 Nov 2024

The plaintiff, Ekta Housing Private Limited, filed a Commercial Summary Suit against Shraddha Shelters Pvt. Ltd. and two individual guarantors for rec...

High Court

High Court of Judicature at Bombay Dismisses Appeals by Bank in Securitisation Act Case Regarding Maintainability of Civil Suits — The Court Examines Whether Plaints Against Bank Are Barred Under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

26 Oct 2018

The litigation arose from a batch of five civil suits filed by several plaintiffs against M/s. Orbit Corporation Ltd. and Axis Bank Limited, concernin...

High Court

High Court of Karnataka Adjudicates Appeal Against Dismissal of Specific Performance Suit Arising from Joint Development MOU; Developer Seeks Amendment to Include Refund Claim After Dismissal of Suit.

8 Jul 2026

The appeal arose from a commercial suit for specific performance of a Memorandum of Understanding (MOU) dated 27.09.2004. The appellant, M/s Whitefiel...

High Court

Division Bench of the High Court of Karnataka Decides Regular First Appeal in a Partition, Declaration and Injunction Suit. The Court Allows or Dismisses the Appeal Based on the Merits of the Case.

29 Jun 2026

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High Court

High Court of Bombay at Goa Allows Appeal Against Rejection of Plaint in Property Dispute — Gift Deed Validity and Cause of Action Must Be Decided at Trial. The court held that allegations of nullity of gift deed and co-ownership disclose a cause of action, and plaint cannot be rejected under Order VII Rule 11(a) CPC at the threshold.

17 Jan 2024

The present appeal arises from an order dated 03/05/2023 passed by the learned trial court rejecting the plaint under Order VII Rule 11(a) of the Code...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. Agreement to Sell Not Proved as Genuine Transaction Due to Lack of Credible Evidence and Discrepancies in Pleadings.

19 Jul 2013

The appellant, T. Narayana, filed a Regular First Appeal before the High Court of Karnataka against the dismissal of his suit for specific performance...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Dismissal in Property Declaration Suit. Civil Revision under Section 115 CPC fails as the trial court's refusal to reject plaint under Order VII Rule 11 CPC was not shown to be without jurisdiction or suffering from material irregularity.

21 Sep 2018

The petitioners, who were defendants in a suit for declaration and deletion of name from revenue records, filed a Civil Revision Application under Sec...

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