Search Results for "Cause of action"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
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Search Results for "Cause of action"

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Supreme Court

Supreme Court Allows Appeal in Specific Performance Case: Order II Rule 2 CPC Bar Applies to Subsequent Suit for Specific Performance When Relief of Permanent Injunction Was Sought in Previous Suit. The Court held that the plaintiff's entitlement to seek specific performance existed at the time of the first suit, and failure to include it bars the second suit under Order II Rule 2 CPC.

17 Jan 2025

The dispute arose from an agreement for sale dated 24.01.2007 between M/s Chemplast Cuddalore Vinyls Limited (respondent no.1/original plaintiff) and ...

High Court

Bombay High Court Allows Husband's Appeal in Property Dispute After Divorce — Order 2 Rule 2 CPC Bar Not Applicable. The court held that a claim for declaration of ownership of a jointly owned flat filed after a divorce decree is not barred by Order 2 Rule 2 CPC as the cause of action for divorce and property relief are distinct.

23 Aug 2024

The appellant-husband and respondent-wife were married in 1967 and had two sons. In 1996-97, they purchased a flat in Mumbai in their joint names. In ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Order VII Rule 11 CPC Application in HUF Partition Suit — Suit Not Barred by Limitation as Cause of Action Arose on Alienation by Coparcener.

9 Jul 2024

The present Civil Revision Application was filed by Defendant No.6, a third-party purchaser, challenging the rejection of his application under Order ...

High Court

Bombay High Court Dismisses Plaintiff's Revision Against Rejection of Decree on Admission in Property Dispute. Court Finds No Clear Admission of Title by Defendants in Previous Counter-Claims, Upholding Trial Court's Order Under Order XII Rule 6 CPC.

13 Jun 2024

The Bombay High Court dismissed a Civil Revision Application filed by the Plaintiff challenging the Trial Court's order rejecting his application for ...

High Court

Bombay High Court Dismisses Petition Challenging School Tribunal's Dismissal of Appeal as Barred by Order XXIII Rule 1 CPC — Termination of Headmaster Upheld Due to Withdrawal of Earlier Appeals Without Liberty to File Fresh Appeal. The court held that the third appeal on the same cause of action was barred under Order XXIII Rule 1 of the Code of Civil Procedure, 1908, despite the termination being illegal under the MEPS Act.

12 Jun 2024

The petitioner, a headmaster appointed on 19th June 1991, was terminated by an order dated 6th October 2001. He initially filed Appeal No. 99 of 2001 ...

High Court

High Court of Karnataka Dismisses PIL Challenging Rajasthan's Gutka Notification for Lack of Territorial Jurisdiction. The court held that no part of cause of action arose within Karnataka as the notification was issued in Rajasthan, the petitioner resides in Rajasthan, and all respondents are outside Karnataka.

15 Dec 2017

The petitioner, Rahul Joshi, a resident of Jaipur, Rajasthan, filed a Public Interest Litigation (PIL) before the High Court of Karnataka challenging ...

High Court

High Court of Karnataka Allows Appeal in Part in Recovery Suit — Suit Against Guarantors Barred by Limitation. The court held that the cause of action against guarantors arose on the date of the loan agreement, not the promissory note, and the suit filed after three years was barred under Article 55 of the Limitation Act, 1963.

26 Jul 2017

The appeal was filed by defendant Nos.3 to 6 (guarantors) against the judgment and decree dated 13.12.2010 passed by the I-Additional Senior Civil Jud...

High Court

High Court of Karnataka Allows Appeal in Credit Card Recovery Suit — Bank's Suit Not Barred by Lack of Territorial Jurisdiction as Part of Cause of Action Arose at Bangalore. The Court held that plaint averments regarding issuance of card, place of payment, and agreement to terms at Bangalore constitute part of cause of action under Section 20 CPC.

3 Mar 2017

The appellant, Canara Bank, filed a suit in the Court of Small Causes, Bangalore, for recovery of money against the respondent, Girija Prasad Gupta, a...

High Court

High Court of Karnataka Dismisses Revision Petition in Property Dispute — Rejection of Plaint Application Under Order VII Rule 11 CPC Upheld. Court holds that the plaint discloses a cause of action and the suit is not barred by limitation, as the plaintiffs claimed possession based on their father's death prior to the Hindu Succession Act, 1956.

9 Dec 2016

The petitioners (defendants in the trial court) filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challengi...

High Court

Karnataka High Court Dismisses Writ Appeal Against Transfer Order as Premature — Transfer Order Not Yet Implemented, No Cause of Action Arises. The court held that a challenge to a transfer order is not maintainable until the order is given effect to, as no cause of action arises before implementation.

14 Nov 2016

The appellant, Alla Saheb, was working as Executive Engineer in the District Urban Development Cell, Vijayapura since 6.3.2014. On 18.8.2016, the Stat...

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