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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "Cause of action"

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High Court

Bombay High Court Dismisses Appeal Against Rejection of Plaint in Trademark Infringement and Passing Off Suit. Court upholds Single Judge's order granting leave under Clause 14 of Letters Patent to combine passing off claim with infringement action despite territorial jurisdiction issues.

6 Feb 2012

The case involves two appeals arising from orders of a learned Single Judge of the Bombay High Court in Suit No.2727 of 2011. The appellant, Shree Sia...

High Court

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.

21 Dec 2011

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 ...

High Court

Bombay High Court Quashes Process Against Accused in Cheque Bounce Case for Lack of Territorial Jurisdiction. Issuance of process under Section 138 of Negotiable Instruments Act, 1881 set aside as accused resided outside magistrate's jurisdiction and no part of cause of action arose within it.

21 Nov 2011

The petitioners, Netcore Solutions Pvt. Ltd. and its directors/officers, all residents of Mumbai, challenged the order dated 16.12.2010 passed by the ...

High Court

Bombay High Court Dismisses Revision Application in Settlement of Accounts Suit — Rejects Application Under Order 7 Rule 11 CPC for Lack of Cause of Action. Plaintiff's Suit for Settlement of Accounts and Recovery of Amount Held Maintainable as Cause of Action Arises from Alleged Breach of Contract and Agency Relationship.

17 Nov 2011

The plaintiff, Rajendra Vinayakrao Ayachit, proprietor of M/s Raj Sales Corporation, Latur, filed Special Civil Suit No.212/2008 before the Civil Judg...

High Court

Bombay High Court Allows Revision Application in Suit for Declaration and Injunction — Plaint Ordered to be Returned for Presentation to Proper Court Due to Lack of Territorial Jurisdiction. The court held that the City Civil Court at Dindoshi lacked jurisdiction over immovable property situated in Kandivali, and the plaint must be returned under Order VII Rule 10 CPC.

10 Oct 2011

The case involves a civil revision application filed by the original defendant no. 4, Manju Narendra Gupta, challenging an order of the City Civil Cou...

High Court

Bombay High Court Quashes Order in Cheque Dishonour Case for Lack of Territorial Jurisdiction — Complaint Filed at Aurangabad Not Maintainable as Cheque Was Drawn and Presented at Pune. Territorial Jurisdiction Under Section 138 Negotiable Instruments Act, 1881 Determined by Place of Presentation and Dishonour, Not Complainant's Registered Office.

10 Aug 2011

The petitioner, Rajendra Marga Gaikwad, proprietor of Yashraj Agencies at Pune, was the original accused in a complaint filed by Kail Limited (formerl...

High Court

Bombay High Court Dismisses Writ Petition Challenging Striking of Election Petition Paragraphs in Municipal Election Dispute. Court upholds that vague allegations of corrupt practices without specific details of consent by the returned candidate are liable to be struck off under Order VI Rule 16 CPC.

2 Aug 2011

The petitioner, Eknath Bayaji Gadkari, filed an election petition under Section 33(1) of the Mumbai Municipal Corporation Act, 1888, challenging the e...

High Court

Bombay High Court Dismisses Revision Applicant's Challenge to Quashing of Process in Cheque Dishonour Case — Territorial Jurisdiction for Section 138 NI Act Lies Where Drawee Bank Is Situated. The court upheld the Sessions Judge's order that the complaint filed at Nagpur was not maintainable as the cheques were drawn on a bank in Mumbai, and the offence under Section 138 of the Negotiable Instruments Act, 1881 is completed at the place of the drawee bank.

28 Jul 2011

The case involves a criminal revision application filed by Mrs. Arti d/o Amar Pandey challenging an order dated 30th October 2010 passed by the Additi...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Partition Suit. Adding Relief of Specific Performance Does Not Change Nature of Suit as Both Arise from Same Cause of Action Under Order VI Rule 17 CPC.

19 Jul 2011

The petitioner, Harish Alimchandani, defendant no.1 in Special Civil Suit No.11 of 2010, challenged the order of the Civil Judge (Senior Division), Wa...

High Court

Bombay High Court Allows Amendment of Plaint in Civil Suit — Correction of Patwari Halka Number Not Barred by Limitation. The court held that the amendment sought to substitute Patwari Halka No. 37 with Patwari Halka No. 34-A was a clerical error that did not introduce a new cause of action and was permissible under Order VI Rule 17 of the Code of Civil Procedure, 1908.

21 Jun 2011

The petitioner, Shaikh Gaffar, filed a Regular Civil Suit No. 211/99 in the Court of the 5th Joint Civil Judge, Junior Division, Nagpur, seeking relie...

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