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Search Results for "Rejection of plaint"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Order VII Rule 11 CPC Application in Election Petition — Application Filed After Issues Framed Held to Be Delaying Tactic. The court upheld the trial court's order imposing costs for protracting the election petition.

15 Dec 2021

The petitioner, Prakash Devji More, was elected as a Councillor of the Municipal Corporation of Greater Mumbai (MCGM) on 23/02/2017. The respondent No...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Civil Court Order in Suit for Declaration and Injunction — No Jurisdictional Error Found in Rejection of Application Under Order VII Rule 11 CPC.

27 Jul 2021

The petitioners, who are defendants in a civil suit, filed a writ petition under Article 227 of the Constitution challenging an order dated 30th Janua...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11 CPC — Plaint Discloses Cause of Action Against All Defendants Including Those Alleged to Be Benami. The court held that allegations of sham and benami transactions in a suit for specific performance constitute a cause of action and cannot be rejected at the threshold under Order VII Rule 11(a) of the Code of Civil Procedure, 1908.

19 Jun 2021

The Appellants, original Plaintiffs, filed Suit No. 187 of 1993 seeking specific performance of an agreement to sell dated 1st August 1985 in respect ...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Plaint in Malicious Prosecution Suit — Acquittal in Section 138 NI Act Proceedings Does Not Automatically Furnish Cause of Action for Malicious Prosecution. The court held that a suit for malicious prosecution based solely on acquittal in cheque dishonour proceedings is not maintainable when the cheque was admittedly issued by the plaintiff.

2 Jul 2026

The applicant (defendant in the original suit) filed a Civil Revision Application under Section 115 CPC challenging the order of the Trial Court dated...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Plaint in Malicious Prosecution Suit — Acquittal in Section 138 NI Act Proceedings Does Not Automatically Furnish Cause of Action for Malicious Prosecution. The court held that the mere fact of acquittal in proceedings under Section 138 of the Negotiable Instruments Act, 1881, does not, by itself, give rise to a cause of action for a suit for malicious prosecution, and the plaint is liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908.

2 Jul 2026

The applicant, Mr. Abhijeet B. Chavan, filed a Civil Revision Application before the Bombay High Court, Circuit Bench at Kolhapur, challenging an orde...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Plaint in Malicious Prosecution Suit — Acquittal in Section 138 NI Act Proceedings Does Not Automatically Furnish Cause of Action for Malicious Prosecution. The court held that a suit for malicious prosecution based solely on acquittal in proceedings under Section 138 of the Negotiable Instruments Act, 1881, without allegations of malice and lack of reasonable cause, is not maintainable and the plaint is liable to be rejected under Order VII Rule 11 CPC.

2 Jul 2026

The applicant, Abhijeet B. Chavan, filed a Civil Revision Application before the Bombay High Court challenging an order dated 2nd January 2024 passed ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Waqf Property Dispute. Order VII Rule 11(d) CPC Application Rejected as Plaint Disclosed Cause of Action and Limitation Was a Mixed Question of Fact and Law.

23 Apr 2021

The case involves a Civil Revision Application filed by Aurangabad Smart City Development Corporation Limited and the Municipal Corporation, Aurangaba...

High Court

Bombay High Court Grants Injunction in Favor of Plaintiff in Trademark Infringement Suit Over STIMULIV vs STIMULET. Marks Held Deceptively Similar Despite Differences in Pharmaceutical Formulation and Therapeutic Use.

1 Mar 2021

The dispute involves two pharmaceutical companies: Franco Indian Pharmaceuticals Pvt Ltd (Plaintiff) and Corona Remedies Pvt Ltd (Defendant). The Plai...

High Court

Bombay High Court Dismisses Revision Against Refusal to Reject Plaint in Suit for Conveyance and Amenities. Plaint Disclosed Cause of Action and Claim for Conveyance is Continuing Cause of Action Not Barred by Limitation.

28 Jan 2021

The case involves a civil revision application filed by the applicants (defendants in the suit) challenging the order of the learned Senior Civil Judg...

High Court

Bombay High Court Allows Revision Against Rejection of Plaint in Specific Performance Suit — Agreement to Sale Not Disputed by Defendants. The court held that the valuation of the suit property by the plaintiff was not shown to be arbitrary or mala fide, and the defendants had not disputed the agreement to sale, thus the plaint could not be rejected under Order 7 Rule 11 CPC.

5 Dec 2022

The applicant, Prakash Wanjari, along with two others, entered into an agreement to sale dated 18/01/2009 with the non-applicants (defendants) for the...

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