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 Dismisses Writ Petition Seeking Pension Parity for Retired Employees of KMF and District Milk Unions. The court held that the petition was not maintainable due to failure to implead necessary parties and lack of cause of action against state respondents.

9 Mar 2020

The petitioner, an association of retired employees of Karnataka Milk Federation (KMF) and various District Milk Unions, filed a writ petition under A...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Dowry Harassment Case Due to Lack of Territorial Jurisdiction. Proceedings under Sections 324 and 498A IPC initiated at Mangaluru set aside as no part of cause of action arose within that jurisdiction.

21 Jan 2020

The petitioner, Dr. Aakash Shetty, filed a petition under Section 482 Cr.P.C. seeking quashing of proceedings in C.C.No.1712/2017 (P.C.No.100/2016) pe...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order VII Rule 11 CPC Not Applicable When Suit Not Barred by Law. The pendency of a probate proceeding does not bar a suit for partition and the plaint cannot be rejected under Order VII Rule 11 CPC.

8 Jan 2020

The appellant, Sri Venkatalingaiah Murthy, filed a petition for Letters of Administration (P&SC No.63/2011) in respect of the Will of late Sri K. Moha...

High Court

Bombay High Court Dismisses Appeal in Municipal Corporation Dispute — Suit Barred by Limitation. Notice under Section 351 of Mumbai Municipal Corporation Act, 1888 issued in 1994; suit filed in 2001 held time-barred as cause of action arose on notice date.

16 Jun 2005

The appellant, Satish Dalichand Shah, claimed to be a monthly tenant of a shop premises in Mumbai. On 23rd May, 1994, the Municipal Corporation of Gre...

High Court

Bombay High Court Dismisses Appellant Corporation's Appeal in Cooperative Bank Deposit Recovery Case — Territorial Jurisdiction of Cooperative Court Upheld. The court held that deposits made in Mumbai and cheques issued there confer jurisdiction on the Cooperative Court under Section 91 of the Maharashtra Cooperative Societies Act, 1960.

28 Mar 2005

The respondent Bank, a cooperative bank incorporated under the Maharashtra Cooperative Societies Act, 1960, placed three deposits totaling Rs.100 cror...

High Court

Bombay High Court Quashes Summons in Cheating Case for Lack of Territorial Jurisdiction and Non-Disclosure of Offence. The court held that the Magistrate at Indore had no jurisdiction as no cause of action arose there, and the complaint did not disclose any offence under Sections 420 or 406 IPC.

24 Mar 2005

The petitioners challenged the summons issued by the Additional Chief Judicial Magistrate at Indore under Sections 420 or 406 read with Section 120-B ...

High Court

Bombay High Court Dismisses Revocation of Leave Under Clause 12 Letters Patent and Allows Amendment to Plaint on Jurisdiction. Court holds that jurisdiction is determined by plaint averments as a whole and subsequent amendment cannot cure lack of jurisdiction at the time of filing.

9 Mar 2005

The plaintiff, Infrastructure Leasing & Financial Services Limited, filed a suit in the Bombay High Court for recovery of Rs. 3,72,87,086/- with inter...

High Court

Bombay High Court Allows Appeal in Suit for Specific Performance of Flat Sale Agreement, Holding That Trial Court Erred in Returning Plaint on Ground of Lack of Jurisdiction Without Considering That Part of Cause of Action Arose Within Its Territorial Limits. The Court Directed the Trial Court to Proceed with the Suit on Merits.

7 Mar 2005

The appellant, original plaintiff, filed a Short Cause Suit No. 3585 of 2001 seeking enforcement of an agreement dated 30th March 2000 executed by Res...

High Court

Bombay High Court Dismisses Appeal Against Return of Plaint for Lack of Jurisdiction in Suit for Damages Against Foreign Company. Territorial Jurisdiction Determined by Place of Contract and Cause of Action, Not by Place of Performance of Warranty Obligations.

21 Feb 2005

The appellant, Kalyanji Walji Private Ltd., filed a suit for damages against Sortex Limited (a UK company), Maharashtra Hybrid Seeds Co. Ltd. (respond...

High Court

Bombay High Court Dismisses Municipal Council's Appeal in Contract Recovery Suit — Limitation Period Under Article 18 of Limitation Act Runs from Completion of Work, Not from Demand or Refusal. The court upheld the trial court's decree for balance payment for work completed on 22.5.1990, as the suit filed in 1993 was within the three-year limitation period under Article 18 of the Limitation Act, 1963.

7 Feb 2005

The appellant, Alibag Nagar Parishad (Municipal Council), challenged the judgment and decree of the Civil Judge, Senior Division, Raigad at Alibag in ...

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