Search Results for "order 7 rule 11"

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Search Results for "order 7 rule 11"

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High Court

Bombay High Court Dismisses Plaint in Copyright Infringement Suit for Lack of Cause of Action and Abuse of Process. Plaintiff failed to identify any protectable work or substantial similarity with defendant's film, leading to dismissal with costs.

2 Aug 2016

The plaintiff, Akashaditya Harishchandra Lama, filed a suit for copyright infringement seeking an interim injunction to restrain the release of the fi...

High Court

Bombay High Court Allows Rejection of Plaint in Electricity Supply Dispute — Holds that Disputes Between Licensees Fall Within Exclusive Jurisdiction of State Electricity Regulatory Commission Under Section 86(1)(f) of Electricity Act, 2003. The court interpreted the word 'and' in Section 86(1)(f) disjunctively, covering disputes between licensees inter se, and rejected the plaint under Order 7 Rule 11 CPC as the civil suit was barred.

28 Mar 2016

The plaintiff, Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL), a distribution licensee, filed a civil suit for damages against defendant...

High Court

High Court of Bombay at Goa Dismisses Civil Revision Against Rejection of Plaint in Mining Rejects Dumping Suit. Limitation and Jurisdiction Objections Not Decided at Preliminary Stage Under Order 7 Rule 11 CPC as Plaint Disclosed Continuing Cause of Action and Civil Court Jurisdiction.

5 Feb 2016

The respondent, Gurudas G. Pai, filed Special Civil Suit No.34/2011/A before the Civil Judge, Senior Division, Bicholim, against the petitioner, Ms. S...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Under Order 7 Rule 11 CPC — Plaint Discloses Cause of Action for Recovery of Money. The court held that only plaint averments are relevant for Order 7 Rule 11 CPC and the plaint clearly disclosed a cause of action for recovery of balance amount.

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

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 Dismisses Municipal Corporation's Revision Against Rejection of Plaint Rejection Application in Lease Dispute. Suit for declaration of tenancy and injunction is not barred by Section 81-B of Maharashtra Municipal Corporations Act as Collector's order under Section 80 does not bar civil suit.

11 Dec 2015

The case involves a civil revision application filed by the Municipal Corporation of City of Jalgaon challenging an order of the Civil Judge, Senior D...

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

Bombay High Court Dismisses Suit by Minor Children Seeking to Set Aside Family Settlement — Memorandum of Family Settlement Held Binding as a Family Arrangement Under Contract Act and Specific Relief Act

21 Aug 2015

The plaintiffs, four children of Madhupati and Anuradha Singhania (Defendants 1 and 2), filed a suit seeking cancellation of a Memorandum of Family Se...

High Court

Bombay High Court Dismisses Revision Petitions in Suit for Specific Performance and Injunction — Upholds Trial Court's Refusal to Strike Out Pleadings Under Order 6 Rule 16 CPC. Court held that disputed questions of title and possession cannot be decided in summary proceedings under Order 6 Rule 16 CPC and require full trial.

30 Nov -0001

The judgment arises from two civil revision applications filed against an order of the City Civil Court, Mumbai, dated 30th April 2014, which dismisse...

High Court

High Court of Bombay at Aurangabad Dismisses Election Petition Challenging Election of Municipal Councillors for Non-Compliance with Mandatory Provisions of Representation of the People Act, 1951. Failure to Serve Copy on Returned Candidate and Non-Joinder of Necessary Parties Leads to Dismissal Under Order 7 Rule 11 CPC.

30 Nov -0001

The petitioner, Manohar Dattatraya Bhadane, filed an election petition under the Representation of the People Act, 1951, challenging the election of r...

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