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...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

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 — Rejects Plaint for Non-Disclosure of Cause of Action and Barred by Limitation. Order VII Rule 11(a) and (d) CPC applied to plaint seeking declaration of title and possession based on unregistered sale deed and unproven will.

23 Jul 2021

The petitioner, Sri P.R. Chenna Reddy, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC), challenging the o...

High Court

High Court of Karnataka Dismisses Election Petition Challenging MLC Election Due to Non-Compliance with Section 81 of Representation of People Act, 1951 — Petition Filed Beyond Limitation and Lacks Material Facts. The court held that the election petition must be filed within 45 days from the date of election and must contain material facts; failure to do so results in rejection under Order VII Rule 11 CPC.

18 Feb 2021

The petitioner, Shri Ravi Shivappa Padasalagi @ Savadi, filed an election petition under Section 81 read with Section 100(1)(d)(iv) of the Representat...

High Court

Bombay High Court Dismisses Appeal Against Dismissal of Suit Against Foreign Sovereign and Union of India for Want of Consent Under Section 86 CPC and Being Time-Barred. Suit Against Sovereign Head of Netherlands Dismissed as Plaint Did Not Disclose Cause of Action and Was Barred by Limitation.

27 Feb 2013

The appellant, K.S. Dhondy, filed a suit in the Bombay High Court for recovery of US $25 million with interest against two respondents: Her Majesty th...

High Court

Bombay High Court Revokes Leave Under Clause XII of Letters Patent Act in Suit for Recovery of Loan Facilities — Defendant No. 5's Application Allowed as No Cause of Action Arose Within Jurisdiction. Territorial Jurisdiction Under Clause XII of Letters Patent Act, 1866 Requires Cause of Action to Arise Within Court's Limits; Mere Registered Office of Plaintiff Insufficient.

4 Feb 2013

The Plaintiff, Future Corporate Resources Ltd., filed a suit in the Bombay High Court for recovery of short-term loan facilities advanced to Defendant...

High Court

Bombay High Court Dismisses Application to Revoke Leave Granted Under Clause XII of Letters Patent Act, 1866 in Commercial Suit for Loan Recovery. Execution of Assignment Deed in Mumbai Constitutes Part of Cause of Action, Sufficient to Maintain Suit.

4 Feb 2013

The Plaintiff, PIL Industries Limited, a company registered in Mumbai, filed a suit against Deccan Chronicle Holdings Ltd. (Defendant No.1) and others...

High Court

Bombay High Court Dismisses Arbitration Petition for Lack of Jurisdiction in Hotel Agreement Termination Dispute. Court holds that no part of cause of action arose within its territorial jurisdiction under Section 9 of the Arbitration and Conciliation Act, 1996.

17 Jan 2013

The petitioner, Rockwood Hotels & Resorts Limited, a company with its registered office in Mumbai, filed a petition under Section 9 of the Arbitration...

High Court

Bombay High Court Dismisses Arbitration Petition for Lack of Territorial Jurisdiction — Mere Delivery of Award at Mumbai Does Not Confer Jurisdiction Under Section 2(1)(e) of the Arbitration & Conciliation Act, 1996. The court held that the place of award delivery alone is insufficient to vest jurisdiction when the entire cause of action arose outside Mumbai.

9 Jan 2013

The petitioner, M/s. Videocon Industries Limited, filed a petition under Section 34 of the Arbitration & Conciliation Act, 1996 before the Bombay High...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Revoke Leave Under Clause XII Letters Patent in Summary Suit on Guarantee. Jurisdiction upheld as part of cause of action arose in Mumbai due to disbursement and part payments.

7 Jan 2013

The appeal arose from a summary suit filed by Rabo India Finance Limited (Plaintiff) against Gouri Prasad Goenka (Defendant) based on guarantees execu...

High Court

Bombay High Court Rejects Plaint in Partition Suit for Non-Disclosure of Cause of Action and Bar by Limitation. Daughter-in-law's suit for partition of ancestral property dismissed as she is not a coparcener and claim is time-barred under Order VII Rule 11(a) and (d) CPC.

4 Oct 2005

The plaintiff, Smt. Jayashree Ashok Goregaonkar, filed a suit for partition against the defendants, including Kanta Chandrakant Mhatre and others. The...

High Court

Bombay High Court Dismisses Application for Return of Writ Petitions in Trust Property Alienation Dispute — Cause of Action Arises Where Order Was Passed, Not Where Property Is Situated. The court held that the cause of action for challenging an order of the Joint Charity Commissioner arises at the place where the order is passed, not where the trust properties are situated, under Articles 226 and 227 of the Constitution of India.

19 Sep 2005

The judgment concerns two civil applications filed in writ petitions under Articles 226 and 227 of the Constitution of India. The writ petitions chall...

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