Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

Bombay High Court Dismisses Plaintiff's Revision Against Rejection of Decree on Admission in Property Dispute. Court Finds No Clear Admission of Title by Defendants in Previous Counter-Claims, Upholding Trial Court's Order Under Order XII Rule 6 CPC.

13 Jun 2024

The Bombay High Court dismissed a Civil Revision Application filed by the Plaintiff challenging the Trial Court's order rejecting his application for ...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order 7 Rule 11 CPC — Plaint Disclosed Cause of Action for Declaration and Injunction Regarding Tenancy Rights. The court held that the trial court erred in rejecting the plaint as it raised triable issues concerning tenancy and agreements between defendants.

26 Sep 2013

The appellant, legal heir of Prahladsingh Ramkhilavan Singh, filed appeals against the rejection of plaints in two suits under Order 7 Rule 11 of the ...

High Court

Bombay High Court Dismisses Defendant's Writ Petition Challenging Trial Court Orders Allowing Plaint Amendment and Rejecting Application Under Order VII Rule 11 CPC in Recovery Suit; Court Finds Plaint Already Disclosed Cause of Action and Amendment Did Not Prejudice Defendant.

2 Apr 2018

The dispute arose from a suit for recovery of Rs.31,05,518/- filed by the respondent-plaintiff (a company) against the petitioner-defendant for raw ma...

High Court

Bombay High Court Allows Amendment of Plaint and Impleadment of Parties in Property Dispute — Amendment Sought Before Commencement of Trial Allowed as No Prejudice Caused. Order VI Rule 17 CPC permits liberal amendment before trial; impleadment under Order I Rule 10 CPC allowed for complete adjudication.

1 Aug 2014

The plaintiffs, Sharayu Ramkrishna Mhatre and Anjali Deepak Karnik, filed a suit (Suit No. 1964 of 2012) in the Bombay High Court seeking a declaratio...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Property Dispute — Plaint Discloses Cause of Action and Is Not Barred by Limitation. Order VII Rule 11 CPC Application Fails as Court Must Look Only at Plaint Averments and Not Evidence.

29 Oct 2018

The applicant, Mr. Nilesh Sangodkar, filed a Civil Revision Application under Section 115 of the Civil Procedure Code, 1908, challenging the order dat...

High Court

Bombay High Court Allows Rejection of Plaint Against Defendant Directors in NSEL Suit for Lack of Averments and Immunity Under IFC Act. The court held that vague allegations without specific averments do not constitute a cause of action, and an IFC employee is immune from suit for official acts under the International Finance Corporation (Status, Immunities and Privileges) Act, 1958.

23 Sep 2015

The Bombay High Court disposed of two notices of motion filed by Defendant Nos. 14 and 15 in a suit by National Spot Exchange Limited (NSEL) against v...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Recovery Suit — Plaint Discloses Cause of Action Under Order 7 Rule 11 CPC. The court held that the plaint contained specific averments regarding the contract, bills, and outstanding amount, thus disclosing a cause of action.

13 Jan 2016

The petitioner, M/s Cyrus Marine Services, filed a Civil Revision Application under Section 115 CPC challenging the order dated 02.11.2015 passed by t...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11(a) CPC — Cause of Action Disclosed. Plaint Cannot Be Rejected Merely Because Judge Thinks Plaintiff May Not Succeed; Defence Not Material at This Stage.

29 Jul 2013

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court rejecting the plaint under Order VII Rule 11(a) of the Code of Ci...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Suit for Possession and Declaration of Title — Plaint Discloses Cause of Action and Is Not Barred by Limitation or Specific Relief Act. The court held that the trial court erred in relying on extraneous material and that the plaint averments showed the suit was within limitation under Article 65 of the Limitation Act, 1963.

27 Jul 2022

The appellant, Manu Babu Patel, original plaintiff no.1, along with respondent no.7 (original plaintiff no.2), filed a suit in the Civil Judge, Senior...

High Court

Bombay High Court Allows Appeal in Copyright Infringement Case — Plaint Rejection Set Aside for Non-Application of Mind. Court holds that under Order VII Rule 11 CPC, only the plaint averments must be examined for cause of action, not their truthfulness.

24 Jun 2016

The appellant, The Indian Performing Right Society Limited, filed a suit claiming damages for copyright infringement allegedly occurring at Kala Acade...

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