Search Results for "amended plaint"

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Search Results for "amended plaint"

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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

Bombay High Court hears and determines Notice of Motion No. 1211 of 2014 in Suit No. 777 of 2014 seeking interim injunctions and appointment of administrator. The court examines rival claims of family arrangements and fiduciary capacity over Gopal Raheja Group assets.

5 Jan 2026

The dispute arose out of the affairs of the Gopal Raheja Group, a real estate business originally established by Lachmandas Raheja and continued by hi...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

High Court

High Court of Karnataka Allows Appeal in Injunction Suit, Remands Case for Fresh Consideration on Possession and Title. Trial court's dismissal of suit and decree of counter claim set aside due to improper appreciation of evidence.

19 Feb 2013

The appellant, P V Kamesh Kumar, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree d...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Concurrent Findings for Failure to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963. The court held that mere production of a cheque during evidence without other proof does not satisfy the requirement of readiness and willingness, and a plaintiff claiming additional payment beyond the agreement must prove it.

30 Sep 2022

The case involves a second appeal arising from a suit for specific performance of an agreement to sell. The appellant, original defendant no.1, challe...

High Court

Bombay High Court Allows Original Tenant to Recover Possession from Subsequent Tenant Inducted During Pendency of Execution Proceedings - Doctrine of Lis Pendens Applies to Post-Decree Proceedings Under Order XXI CPC. The court held that a person inducted during the pendency of an application under Order XXI Rule 97 or 99 CPC is a lis pendens inductee and cannot resist the original tenant's claim for possession.

28 Jun 2019

The case involves a dispute between two tenants over possession of a property. The landlord, Mohammed Usman Shaikh Umar, filed a suit for eviction aga...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit — No Concluded Contract via Email Exchange. Unsigned Memorandum of Understanding Not Binding as Parties Did Not Intend to Be Bound Until Execution of Formal Agreement.

14 Jul 2016

The appellants (original plaintiffs) filed a suit for specific performance of an alleged contract for the sale of a flat owned by the respondent (orig...

High Court

Karnataka High Court Decides Regular First Appeal Arising from Dismissal of Suit for Declaration of Property Ownership. Property Originally Allotted to a Swamiji Under Mysore Government Scheme and Later Subject to Litigation Over Inheritance and Alleged Fraud.

28 Mar 2014

The appeal arose from the dismissal of a suit for declaration of ownership of immovable property situated in Bangalore. The original plaintiff, C.R. H...

High Court

Bombay High Court Nagpur Bench Considers Second Appeal in Partition Suit Involving Joint Family Property and Competing Claims Under Two Wills. The Court Examines the Effect of a Prior Family Settlement and Memorandum of Partition on the Plaintiff’s Right to a Share in the Estate of the Deceased Female Coparcener.

4 Apr 2016

Background — The dispute concerned joint family properties left by Jethmalji, who died in November 1956, survived by his widow Smt. Heerabai and ste...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to File Written Statement and Counterclaim Under Order 8 Rule 1 CPC — Petitioner Failed to Show Sufficient Cause for Delay Beyond 90 Days. The court upheld the trial court's discretion in refusing to condone the inordinate and unexplained delay in filing the written statement, holding that the statutory period under Order 8 Rule 1 CPC cannot be extended beyond 90 days except in exceptional circumstances.

28 Aug 2019

The petitioner, Vesta Building Products Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India challenging an order dated 30 ...

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