Search Results for "Rejection of plaint"

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Search Results for "Rejection of plaint"

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High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits.

19 Jun 2019

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint u...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Suit for Declaration and Injunction. Court holds that valuation for court fees and jurisdiction is determined by the relief claimed in the plaint, and the trial court's finding that the suit was properly valued is a finding of fact not warranting interference under Section 115 CPC.

25 Jun 2019

The case arises from Regular Civil Suit No. 780 of 2009 filed by respondents no.1 and 2 (plaintiffs) against the applicants (defendants) seeking a dec...

High Court

Bombay High Court Dismisses Bank's Petition in Cooperative Dispute Over Fraudulent Loan Account. Cooperative Court has jurisdiction to entertain dispute despite recovery certificate under Section 101 of Maharashtra Cooperative Societies Act, 1960.

2 Apr 2019

The case involves a dispute between Thane Bharat Sahakari Bank Ltd (Petitioner) and Amritlal Bava (Respondent No.1) regarding a loan account. Responde...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Caste Validity Suit — Limitation Period Under Article 58 Not Applicable as Suit Sought Consequential Relief. Suit for Declaration and Setting Aside of Scrutiny Committee Order Governed by Article 113 of Limitation Act, 1963, and Filed Within Time.

8 Apr 2019

The appellant, Gulab Ayubkhan Pathan, filed a suit (Special Civil Suit No.5 of 2017) before the Joint Civil Judge, Senior Division, Ahmednagar, seekin...

High Court

Bombay High Court Allows Family Court Appeal in Interfaith Marriage Nullity Case — Marriage Between Hindu and Christian Not Void Ab Initio Under Hindu Marriage Act. Court Holds That Family Court Erred in Rejecting Petition Under Order VII Rule 11 CPC Without Considering Applicability of Section 5 of Hindu Marriage Act, 1955.

31 Jan 2019

The Appellant, a Hindu woman, married the Respondent, a Christian man, on 28 May 1996 in Mumbai. The marriage was registered under the Bombay Registra...

High Court

Bombay High Court Dismisses Revision Against Order Rejecting Plaint for Non-Payment of Court Fees in Suit for Specific Performance. Court Held That Under Section 4 of the Maharashtra Court Fees Act, 1959, Court Fees Must Be Paid on the Market Value of the Property as on the Date of Suit, Not on the Consideration Amount.

30 Nov -0001

The case involves a civil revision application filed by the applicants (original plaintiffs) against an order of the trial court rejecting their plain...

High Court

Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

30 Nov -0001

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...

High Court

Bombay High Court Dismisses Appeal Challenging Civil Court Jurisdiction in Co-operative Society Property Dispute. Jurisdiction of Civil Court upheld over Co-operative Court for disputes involving title and possession of immovable property, not management or business of society.

11 Oct 2012

The appeal arose from a decision of a Learned Single Judge of the Bombay High Court dismissing three Notices of Motion taken out by the Sixth and Seve...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Medical Negligence Suit — Order 7 Rule 11 CPC Application Not Maintainable as Plaint Discloses Cause of Action. The court held that dismissal of criminal case does not operate as res judicata in civil suit and limitation is a mixed question of fact and law not to be decided summarily.

4 Sep 2012

The judgment arises from two Civil Revision Applications filed by Dr. M. N. Pal, the former Dean of Goa Medical College, challenging an order dated 03...

High Court

Bombay High Court Dismisses Petition Challenging Civil Judge's Order in Suit for Declaration and Injunction — No Jurisdictional Error Found in Rejection of Application Under Order 7 Rule 11 CPC. The court held that the plaint disclosed a cause of action and limitation was a mixed question of fact and law.

30 Nov -0001

The petitioners, who were defendants in a civil suit filed by the respondents, challenged an order of the Civil Judge, Senior Division, Margao, dated ...

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