Search Results for "Leave to sue"

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Bombay High Court Dismisses Appeal Against Rejection of Leave to Sue Under Section 92 CPC for Trust Administration. Suit for mandatory injunction to vest property in trust does not fall within scope of Section 92 CPC as it seeks enforcement of individual rights.

The appellants, Sanjay Vishwasrao Chikte and others, filed a suit before the District Judge, Akola, seeking a mandatory injunction directing the respo...

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Bombay High Court Dismisses Application to Revoke Leave Granted Under Clause XII of Letters Patent Act, 1866 in Commercial Suit for Loan Recovery. Execution of Assignment Deed in Mumbai Constitutes Part of Cause of Action, Sufficient to Maintain Suit.

The Plaintiff, PIL Industries Limited, a company registered in Mumbai, filed a suit against Deccan Chronicle Holdings Ltd. (Defendant No.1) and others...

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Bombay High Court Dismisses Appeal Against Refusal to Revoke Leave Under Clause XII Letters Patent in Summary Suit on Guarantee. Jurisdiction upheld as part of cause of action arose in Mumbai due to disbursement and part payments.

The appeal arose from a summary suit filed by Rabo India Finance Limited (Plaintiff) against Gouri Prasad Goenka (Defendant) based on guarantees execu...

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Bombay High Court Dismisses Suit for Specific Performance of Land Outside Jurisdiction Despite Leave Under Clause XII. Clause XII Leave Cannot Confer Jurisdiction Where Entire Cause of Action Arises Outside Original Civil Limits.

The plaintiffs filed a suit for specific performance of an oral agreement for sale of agricultural land situated at Aundh, Pune, which is outside the ...

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Bombay High Court Allows Municipal Corporation's Petition Against Rejection of Leave to Join Liquidator in Consumer Complaint. Section 107 of Maharashtra Cooperative Societies Act, 1960 does not require notice to Liquidator before granting leave to sue.

The petitioner, Akola Municipal Corporation, had deposited Rs. 1,31,00,000 with the respondent no.1 Bank in a fixed deposit for 31 days at 9.5% intere...

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Bombay High Court Dismisses Revision Against Eviction Decree — Court Receiver Need Not Seek Separate Leave to Sue When Appointed with Full Powers Under Order 40 Rule 1(d) CPC. Notice Under Section 106 T.P. Act Demanding Immediate Possession Is Not Invalid If Suit Filed After Notice Period.

The plaintiff, the Court Receiver appointed by the High Court in Suit No.234 of 1987, was the receiver of the suit property 'Dev Ashish' at Peddar Roa...

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Bombay High Court Restrains Interference with Possession of Tenants in Wound-Up Company Property — Leave to Sue Official Liquidator Granted. Tenants of galas in a company ordered to be wound up are entitled to protection of possession and may sue the Official Liquidator with leave of the Court.

The case involves an application by tenants (Automobile & Agricultural Industries) seeking an order restraining the Official Liquidator and others fro...