Search Results for "Plaint Return"

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

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High Court

Bombay High Court Allows Appeal Against Return of Plaint in Suit for Specific Performance of Land in Delhi. Leave under Clause XII of Letters Patent Granted by High Court Survives Transfer to City Civil Court Under Section 16(d) CPC.

15 Jul 2026

The appellant, Nouveau Exports Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 20th October 2000 in respect of propert...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Rejection of Plaint Under Order VII Rule 11 CPC — Held That Plaint Disclosed Cause of Action and Court Fees Issue Was Curable. The Court restored the suit for trial, emphasizing that the High Court impermissibly conducted a mini-trial at the threshold stage.

21 Apr 2026

The appellant, M/s. Marg Limited, a real estate developer, purchased land in Chennai in 2002 and constructed a commercial IT building. In 2011 and 201...

High Court

High Court of Karnataka Quashes Order Dismissing Application for Return of Plaint in Commercial Suit — Territorial Jurisdiction of Commercial Court Determined by Principal Civil Court Under Section 2(1)(c)(vii) of Commercial Courts Act, 2015. The Court held that since the suit property was situated in England and no cause of action arose in Bengaluru, the Commercial Court lacked territorial jurisdiction, and the plaint must be returned for presentation before the competent court.

8 Jul 2025

The petitioners, M/s Tefilah Infrastructure Pvt. Ltd. and its Managing Director Siddhartha Gupta, filed a writ petition under Articles 226 and 227 of ...

Supreme Court

Supreme Court Allows Appeal in Land Title Dispute Against Government — Holds That Government Cannot Unilaterally Resume Land Without Following Due Process and Payment of Compensation. Court Restores Trial Court Decree Declaring Appellants' Title Based on Valid Sale Deed and Pattadar Passbook, Setting Aside High Court's Reversal.

24 Mar 2025

The case involves a dispute over 3.34 acres of land in Kurnool District, Andhra Pradesh. The appellants claimed title through a chain of transactions ...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

Supreme Court

Supreme Court Allows Appeal in Civil Procedure Case — Suit Must Proceed De Novo After Plaint Returned for Lack of Jurisdiction. Exclusive Jurisdiction Clause in Agreement Ousts Jurisdiction of Gurgaon Court, Rendering Proceedings Void Ab Initio Under Order VII Rule 10 CPC.

1 Jan 2020

The Supreme Court considered a reference arising from a suit for recovery filed by the respondent against the appellant based on a franchise agreement...

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 Dismisses Suit as Barred by Limitation in Property Dispute Over Incomplete Building. Plaintiff's claim for declaration of ownership and injunction held time-barred under Article 58 of Limitation Act, 1963 as cause of action arose in 1969 when assignment deed was executed.

20 Jan 2006

The plaintiff, M/s. Foreshore Co-operative Housing Society Ltd., filed a suit in 1999 seeking a declaration that it is the owner of the entire suit la...

High Court

Bombay High Court Allows Amendment of Written Statement in Commercial Suit — Defendant No. 7 Permitted to Amend Pleadings to Include Additional Grounds of Defence. Amendment Sought to Add Facts Regarding Execution of Agreement and Payment of Consideration, Held Not to Cause Prejudice to Plaintiff as Trial Not Yet Commenced.

30 Nov -0001

The present interim application was filed by defendant no.7, Ganesh Lakhaji Chudasama, seeking amendment of his written statement in a commercial suit...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Genuine and Enforceable. Court upholds trial court's finding that the plaintiff failed to discharge burden of proving the agreement and readiness and willingness to perform.

30 Nov -0001

The appellant, Merit Magnum Constructions (formerly Vimal Buildings), a partnership firm, filed a suit for specific performance of an agreement to sel...

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