Search Results for "Cause of action"

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Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
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Search Results for "Cause of action"

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Supreme Court

Supreme Court Allows Appellant's Appeal Against High Court's Jurisdiction Finding in GST Notification Challenge. High Court of Sikkim Lacked Territorial Jurisdiction as Cause of Action for Challenging Goa's GST Notification Arose in Goa, Not Sikkim, Under Article 226(2) of the Constitution.

14 Mar 2023

The dispute originated from writ petitions filed before the High Court of Sikkim by a private limited company engaged in the lottery ticket business, ...

Supreme Court

Supreme Court Allows Union of India's Appeal in Administrative Tribunal Transfer Case Due to Lack of Territorial Jurisdiction in High Court. The High Court of Uttarakhand Erred in Entertaining Writ Petition as No Cause of Action Arose Within Its Territory Under Article 226 of Constitution, and Transfer Order Under Section 25 of Administrative Tribunals Act, 1985 Was Valid.

3 Mar 2023

The dispute originated from an Original Application filed by a writ petitioner before the Nainital Circuit Bench of the Central Administrative Tribuna...

Supreme Court

Supreme Court Sets Aside High Court Order Returning Plaint in Civil Suit Over Immovable Property Jurisdiction. The Court Held That the Trial Court in Pune Had Territorial Jurisdiction Based on an Exclusive Jurisdiction Clause in the Agreement and That the Suit Primarily Sought Declaratory and Injunctive Reliefs for Contractual Breaches, Not Directly Concerning Immovable Property Under Order VII Rule 10 CPC, and Modified the Order to Set Aside the Rejection Under Order VII Rule 11 CPC Due to Contradiction.

2 Mar 2023

The appeals arose from a common order of the Bombay High Court allowing civil revision applications against orders of the 9th Joint Civil Judge, Senio...

Supreme Court

Supreme Court Allows Appeal in Civil Suit for Recovery of Possession - Sets Aside Summary Judgment and Decree for Eviction. The Court held that the plaint did not disclose a valid cause of action as it was based on ambiguous lease expiry and future events, making summary judgment under Order XII Rule 6 of the Code of Civil Procedure, 1908 improper.

22 Sep 2022

The appeal arose from a civil suit for recovery of possession of a plot of land in Delhi. The appellant, Hindustan Petroleum Corporation Ltd., operate...

Supreme Court

Supreme Court Allows Housing Board Appeal in Consumer Dispute Over Cancellation of Registration — Limitation Bar Under Section 24A of Consumer Protection Act, 1986 Applied. The Court held that the consumer complaint filed 11 years after cancellation was time-barred and the allottee was in default.

11 Dec 2021

The Supreme Court allowed the appeals filed by the Rajasthan Housing Board against the judgment of the National Consumer Disputes Redressal Commission...

Supreme Court

Supreme Court Upholds National Consumer Commission's Order in Builder-Resident Association Dispute Over Apartment Amenities. Cause of Action for Deficiency in Services Continued Beyond Agreement Date, Making Complaint Within Limitation Period Under Section 24A of Consumer Protection Act, 1986, and Builder Directed to Fulfill Contractual Obligations for Amenities.

28 Sep 2021

The dispute arose between a builder, M/s Padmini Infrastructure Developers (India) Ltd., and the Royale Garden Residents Welfare Association, represen...

Supreme Court

Supreme Court Reinstates Suit Filed by Legal Heirs in Partnership Dispute, Overturning High Court's Rejection of Plaint. The Court held that the plaint disclosed a cause of action under Order VII Rule 11 of the Code of Civil Procedure, 1908, and issues of partnership dissolution and legal heirs' rights under the Indian Partnership Act, 1932, are mixed questions of fact and law to be decided at trial.

21 Sep 2021

The dispute arose from a civil suit filed by the legal heirs of deceased partners of the partnership firm 'Soorajmull Nagarmull', seeking declarations...

Supreme Court

Supreme Court Dismisses Insurer's Appeal in Consumer Dispute Over Fire Insurance Claim Limitation and Assessment. Complaint was within limitation as cause of action was continuing due to insurer's subsequent actions like appointment of investigator and correspondence, under Section 24A of Consumer Protection Act, 1986, and NCDRC's award based on surveyor's report was upheld.

18 Aug 2021

The dispute arose from a fire insurance claim where the insured, a manufacturer, suffered total destruction of plant, machinery, and stock due to a fi...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Case Upholding Rejection of Plaint Under Order 7 Rule 11 CPC. The Court Held That Res Judicata Cannot Be Determined in an Order 7 Rule 11 Application as It Requires Examination of Previous Suit Records Beyond Plaint Averments Under the Code of Civil Procedure, 1908.

9 Aug 2021

The appeal arose from a judgment of the High Court of Karnataka dismissing a revision petition against an order of the Trial Court that rejected an ap...

Supreme Court

Supreme Court Allows Appeal in Pension Dispute: Patna High Court Had Territorial Jurisdiction to Entertain Writ Petition Challenging Stoppage of Pension. Part of Cause of Action Arose Where Pension Was Received and Stopped, Not Where Employment Was Served.

5 Nov 2020

The appeal arose from a judgment of the Patna High Court dismissing a Letters Patent Appeal against a Single Judge's order that had dismissed a writ p...

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