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...
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Search Results for "Cause of action"

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High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Property Dispute — Suit Not Barred by Limitation or Res Judicata. The court held that the question of limitation is a mixed question of law and fact and cannot be decided at the stage of rejection of plaint under Order VII Rule 11 CPC.

4 Sep 2020

The appellant, Siddesh B.T. Umesh, filed a suit (O.S.No.2366/2018) before the XII Additional City Civil and Sessions Judge, Bengaluru, seeking a decla...

High Court

High Court of Karnataka Dismisses PIL Seeking Ban on Acacia Plantation in Western Ghats — No Specific Allegation of Government Action Found. Petitioner Failed to Show Any Government Policy or Action Permitting Harmful Acacia Plantation, Hence No Cause of Action for PIL.

9 Jul 2020

The petitioner, Satchidananda R Jois, a law student, filed a Public Interest Litigation under Articles 226 and 227 of the Constitution of India before...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Order Rejecting Plaint Under Order 7 Rule 11(a) CPC Set Aside as Plaint Discloses Cause of Action. The court held that the plaint must be read as a whole and if it discloses a cause of action, the plaint cannot be rejected under Order 7 Rule 11(a) CPC.

6 Jul 2020

The petitioners (plaintiffs) filed a suit for declaration and permanent injunction against the respondents (defendants) in O.S. No. 69/2016 before the...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Suit for Specific Performance. Court holds that plaint cannot be rejected under Order VII Rule 11 CPC when it discloses a cause of action and raises triable issues regarding fraud and misrepresentation.

9 Dec 2019

The petitioners, defendants in a suit for specific performance, filed a writ petition under Article 227 of the Constitution of India challenging an or...

High Court

Bombay High Court Dismisses Election Petition for Non-Disclosure of Cause of Action in Gadchiroli-Chimur Lok Sabha Constituency Dispute. Alleged Discrepancy of 62 Votes in Final Tally Does Not Constitute a Cause of Action Under Section 100(1)(d)(iv) of the Representation of the People Act, 1951.

25 Nov 2019

The petitioner, Dr. Rameshkumar Bapuraoji Gajbe, contested the election to the 17th Lok Sabha from the Gadchiroli-Chimur Constituency as a candidate o...

High Court

Bombay High Court Dismisses Employer's Petition Challenging Industrial Court Order in Unfair Labour Practice Case — Continuing Breach of Settlement Not Barred by Limitation Under MRTU & PULP Act. Non-Payment of Monthly Dues Constitutes Fresh Cause of Action Each Month, Complaint Filed Within 90 Days of Last Refusal.

20 Nov 2019

The Petitioner, Jaihind Sahakari Pani Purvatha Mandali Ltd., a registered co-operative society supplying water to agriculturists, challenged a judgmen...

High Court

High Court of Bombay at Nagpur Dismisses Bank's Revision Against Rejection of Plaint in Suit Challenging SARFAESI Action — Civil Court Has Jurisdiction to Entertain Suit Alleging Violation of RBI Guidelines and Fraud.

14 Nov 2019

The case involves a civil revision application filed by Bank of Baroda (applicant/original defendant) challenging an order dated 26/04/2018 passed by ...

High Court

Bombay High Court Allows Amendment to Plaint in Suit for Compensation and Declaration of Sale Agreement as Void. Amendment Sought to Challenge Agreement for Sale of Property Allegedly Purchased with Siphoned Funds Allowed Under Order VI Rule 17 CPC.

5 Sep 2019

The Plaintiff, Edit II Productions, filed a suit seeking compensation for financial loss caused by the Defendants who allegedly siphoned funds from th...

High Court

Bombay High Court Dismisses Husband's Second Appeal for Divorce on Ground of Desertion - Res Judicata Bars Subsequent Petition After Earlier Dismissal on Merits. The court held that a second petition for divorce on the ground of desertion is barred by res judicata when the earlier petition on the same ground was dismissed on merits, as the cause of action for desertion is a continuing wrong and the earlier decision operates as res judicata for the period up to the filing of the first petition.

7 Dec 2005

The appellant husband and respondent wife were married on 21 May 1991. After marital discord, the wife left the husband's company in 1992. The husband...

High Court

Bombay High Court Allows Amendment of Plaint in Suit for Specific Performance and Injunction - Amendment Sought to Include Claim for Damages and Additional Reliefs. The court permitted the plaintiffs to amend the plaint under Order 6 Rule 17 CPC, holding that the amendment did not introduce a new cause of action and was necessary for the complete adjudication of the dispute.

17 Feb 2005

The present chamber summons was filed by the plaintiffs under Order 6 Rule 17 of the Code of Civil Procedure, 1908, seeking amendment of the plaint in...

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