Search Results for "vexatious suit"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "vexatious suit"

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High Court

High Court of Bombay Dismisses Interim Applications in Property Assignment and Supplemental Agreement Dispute. The court held that an unregistered supplemental agreement cannot modify a registered deed of assignment and was frustrated due to non-fulfillment of conditions, while the plaintiff's rights under the assignment were upheld.

4 Mar 2026

The dispute arose between Applicant (Plaintiff) and (Defendant No.1) over a property assignment. On 20.11.2012, Defendant No.1 executed a registered D...

Supreme Court

Supreme Court Allows Appeal in Civil Revision Petition and Rejects Plaint Under Order VII Rule 11 CPC. Plaint Based on Agreement to Sell Held Barred by Law as Agreement Does Not Create Interest in Property Under Section 54 of Transfer of Property Act, 1882, and Injunction Suit Without Declaration of Title Not Maintainable When Title Disputed.

16 Apr 2025

The appeal arose from a civil revision petition challenging the High Court's dismissal of an application under Order VII Rule 11 CPC seeking rejection...

High Court

Bombay High Court Allows Appeal in Property Dispute, Sets Aside Injunction Against Dispossession. Plaintiff Failed to Prove Possession and Suit for Possession Based on Title Was Barred by Limitation.

13 Apr 2022

The present First Appeal arises from a judgment of the City Civil Court, Mumbai, in S.C. Suit No.5551/1990, where the suit was decreed in favor of the...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

Supreme Court

Supreme Court Dismisses Appeal in Summary Suit Under Order XXXVII CPC Due to Absence of Triable Issues. Leave to Defend Rightly Denied as Invoices Constituted Written Contracts Establishing Appellant's Liability for Goods Supplied.

18 Jan 2022

The appeal arose from a summary suit for money recovery filed under Order XXXVII of the Code of Civil Procedure, 1908, by the plaintiff-respondent No....

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Trust Property — Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of Charitable Trust Land Requires Sanction Under Section 36 of Maharashtra Public Trusts Act, 1950; Time Was Not of Essence but Plaintiff's Conduct Showed Lack of Readiness.

4 Mar 2015

The plaintiff, Bastion Constructions, a partnership firm engaged in building and development, filed a suit for specific performance of an agreement fo...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Patent Infringement Suit — Director's Authority to Sue Not Barred by Absence of Board Resolution at Plaint Stage. The court held that Order 29 Rule 1 CPC allows a director to sign and verify pleadings, and the absence of a board resolution is not a ground for rejection under Order 7 Rule 11(d) CPC.

2 Sep 2014

The appellant, M/s. Alcon Electronics Pvt. Ltd., filed a suit against the respondent, Celem S.A., in the District Court at Nashik seeking a declaratio...

High Court

Bombay High Court Dismisses Petition for Stay of Suit Under Section 10 CPC — No Identity of Subject Matter Between Two Suits. The court held that a suit for dissolution of partnership and accounts is not directly and substantially the same as a suit for induction as a partner and injunction, and therefore Section 10 CPC does not apply.

23 Dec 2005

The petitioners, M/s. Sadguru Constructions and another, filed a writ petition challenging an order dated 6.10.2005 passed by the 8th Joint Civil Judg...

High Court

Bombay High Court Dismisses Interim Injunction Application in Specific Performance Suit — Plaintiff Fails to Establish Possession and Prima Facie Case. Balance of convenience favors defendant as property stands in defendant's name and no irreparable loss shown.

30 Nov -0001

The present matter is an interim application in a suit for specific performance of an agreement to sell and for permanent injunction. The plaintiff, S...

High Court

Bombay High Court Dismisses Interim Application in Trust Dispute Over Appointment of Trustees and Management Control. Court holds that the balance of convenience lies in maintaining status quo pending trial, as the plaintiffs failed to establish a prima facie case for interim relief under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908.

30 Nov -0001

The present matter involves an interim application filed by the plaintiffs, Lilavati Kirtilal Mehta Medical Trust through its trustee Mrs. Charu Mehta...

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