Search Results for "Return of Plaint"

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Search Results for "Return of Plaint"

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High Court

Bombay High Court Allows Writ Petition Challenging Return of Plaint for Non-Compliance of Section 80 CPC. Court holds that once notice under Section 80 CPC is waived, the suit cannot be returned for compliance of the same provision.

24 Nov 2025

The petitioners filed Regular Civil Suit No.335/2021 seeking permanent injunction against alienation of suit property. They also filed an application ...

High Court

High Court of Karnataka Allows Commercial Appeal in Bank Loan Dispute — Orders Restoration of Plaint Returned by Trial Court. Court holds that the trial court erred in returning the plaint for lack of pecuniary jurisdiction without considering the valuation of the suit as per the Commercial Courts Act, 2015.

27 Jul 2023

The appellants, Dr. Ramachandra C and Dr. Pallavi V R, filed a commercial suit (COM.O.S.No.164/2021) before the 89th Additional City Civil and Session...

High Court

High Court of Karnataka Allows Appeal Against Return of Counter Claim in Civil Suit — Order 7 Rule 10 CPC Not Applicable to Counter Claims. The trial court erred in returning the counter claim under Order 7 Rule 10 CPC as that provision applies only to plaints, not counter claims; the counter claim must be dealt with under Order 8 Rule 6A CPC.

12 Jun 2023

The appellant-plaintiff, M/S. Shah Polymers, filed a suit (O.S.No.337/2008) against the respondents-defendants, M/S. Canara Poly Pack Ltd. and another...

High Court

High Court of Bombay at Nagpur Allows Appeal Against Return of Plaint in Contract Dispute — Arbitration Clause Does Not Bar Civil Suit. Court holds that existence of an arbitration clause in a contract does not oust the jurisdiction of civil courts unless the dispute is referred to arbitration under the Arbitration and Conciliation Act, 1996.

30 Jun 2015

The appellant, M/s. S.S. Dave and Company, a partnership firm, filed a civil suit against the respondent, Zilla Parishad, Chandrapur, seeking certain ...

High Court

Bombay High Court Allows Petition to Return Plaint for Lack of Jurisdiction in Summary Suit for Recovery of Money. Court holds that cause of action arose outside Mumbai and City Civil Court lacked territorial jurisdiction under Section 16 CPC.

10 Mar 2015

The petitioner, Naran Lala Pvt. Ltd., a company based in Navsari, Gujarat, challenged an order dated 25.11.2014 passed by the City Civil Court at Bomb...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Plaint Return in Suit for Possession Against Gratuitous Licensee. Court Holds That Suit for Recovery of Possession Against Gratuitous Licensee Is Exclusively Triable by Small Causes Court Under Presidency Small Causes Court Act, 1882.

12 Sep 2014

The appeal arises from a judgment and order dated 7 May 2014 of a learned Single Judge of the Bombay High Court dismissing the appellant's (original d...

High Court

Bombay High Court Allows Second Appeal in Cooperative Society Dispute — Mandates Return of Plaint Under Order 7 Rule 10 CPC. Civil Court Lacked Jurisdiction Over Cooperative Dispute; Plaint Must Be Returned for Presentation to Proper Court Despite Delay.

28 Jul 2014

The appellant, Gangabisan Mayaramji Paliwal, filed Second Appeal No.447/1998 before the Bombay High Court, Nagpur Bench, against the judgment and decr...

High Court

Bombay High Court Dismisses Appeal Against Return of Plaint for Lack of Territorial Jurisdiction in Suit for Declaration and Injunction Regarding Association Name and Monogram. Court holds that under Section 20 of the Code of Civil Procedure, 1908, jurisdiction is determined by the location of the defendant's residence or the cause of action, and mere authorization to file suit does not confer jurisdiction.

2 Apr 2014

The appellant, Akhil Bhartiya Grahak Panchayat, a society registered under the Societies Registration Act, 1860 with its registered office in Delhi, f...

High Court

Bombay High Court Upholds Return of Plaint for Lack of Jurisdiction in Town Planning Dispute — Court Lacks Jurisdiction Under Section 149 of MRTP Act, Need Not Decide Other Issues on Merits. Once Jurisdiction Is Found Absent, Court Becomes Functus Officio and Must Return Plaint Without Adjudicating Other Issues.

15 Dec 2006

The case arose from a suit filed by Jagdish Hari Thatte and six others against the Municipal Corporation of Greater Bombay and the State of Maharashtr...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Possession Suit - Trial Court Erred in Holding Lack of Territorial Jurisdiction Without Considering Pleadings on Cause of Action. The court held that under Order VII Rule 10 CPC, the entire plaint must be considered to determine jurisdiction, and part of cause of action arising within jurisdiction is sufficient.

6 Jul 2006

The appellants (original plaintiffs) filed a suit in the Bombay City Civil Court seeking a permanent and temporary injunction to restrain the responde...

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