Search Results for "Rejection of plaint"

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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Trademark Infringement and Passing Off Suit. Court upholds Single Judge's order granting leave under Clause 14 of Letters Patent to combine passing off claim with infringement action despite territorial jurisdiction issues.

The case involves two appeals arising from orders of a learned Single Judge of the Bombay High Court in Suit No.2727 of 2011. The appellant, Shree Sia...

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Bombay High Court Allows Writ Petition Challenging Rejection of Plaint in Suit for Declaration and Injunction — Trial Court Erred in Dismissing Suit Under Order VII Rule 11 CPC Without Considering Plaint as a Whole and Without Trial on Issues of Title and Possession.

The petitioners (plaintiffs) filed a suit for declaration and permanent injunction in the Civil Judge, Junior Division, Salcete, claiming that they we...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Specific Performance Suit. Partnership Firm's Unregistered Status Does Not Bar Suit by Partners in Individual Capacity Under Section 69(2) of Indian Partnership Act, 1932.

The case involves a Civil Revision Application filed by the petitioner, Mangilal Jagrupji Jain, who was defendant no.3 in a suit for specific performa...

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Bombay High Court Allows Revision by Statutory Body in Suit for Accounts — Suit for Accounts Not Maintainable Against Statutory Body Without Contractual Right. Plaint Rejected Under Order 7 Rule 11(d) CPC as Barred by Law.

The case involves a civil revision application filed by the Maharashtra Water Supply and Sewerage Board (defendant) challenging an order of the Civil ...

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Bombay High Court Dismisses Revision Against Order Rejecting Plaint in Trust Property Suit for Non-Compliance with Section 80 CPC. Suit Against Public Trust Without Statutory Notice Under Section 80 CPC is Not Maintainable and Plaint Must Be Rejected Under Order 7 Rule 11 CPC.

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

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Rent Recovery Suit. Denial of Landlord-Tenant Relationship Raises Triable Issue Under Order VII Rule 11(d) CPC.

The petitioner, original defendant in Regular Civil Suit No.447/2009, filed a Civil Revision Application challenging the order dated 23.09.2010 passed...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Suit for Injunction Regarding Performance of Pooja — Civil Court Has Jurisdiction to Try Suit Relating to Private Civil Rights of Shebait Despite Trust Act Provisions.

The petitioner, original defendant No.1 (Shri Datta Deosthan Trust), filed a Civil Revision Application under Section 115 CPC challenging the order da...