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Search Results for "Rejection of plaint"

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High Court

High Court of Karnataka Allows Husband's Petition to Reject Wife's Suit Challenging Divorce Decree — Family Court's Order Set Aside for Lack of Jurisdiction Under Section 7 of Family Courts Act. The Family Court lacks jurisdiction to entertain a suit for declaration that its own decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, is null and void; the proper remedy is appeal.

17 Nov 2014

The petitioner, Chethan D.S., and the respondent, Manjushree N.T., were married on 5 September 2010. Differences arose, and they separated after about...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Plaint Cannot Be Rejected After Framing of Issues. Suit for Specific Performance Under MOFA Not Barred by Limitation as Limitation is a Mixed Question of Law and Fact.

2 May 2022

The appellant, Mrs. Sicily Varghese Kadamthottu, filed a suit for specific performance against the respondents, who were promoters under the Maharasht...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in Suit for Possession Under Section 6 Specific Relief Act — Suit Filed Beyond Limitation of Six Months. Order 7 Rule 11 CPC Application Allowed as Plaint on Face Value Showed Suit Was Time-Barred.

29 Apr 2022

The petitioners, Shri Anandraj S/o Khemraj Dhariwal and Smt. Santoshidevi wd/o Khemraj Dhariwal, filed a suit for restoration of possession under Sect...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in Suit for Specific Performance. Court holds that plaint cannot be rejected under Order 7 Rule 11(d) CPC when suit is within limitation based on plaint averments, and that bar under Section 23 of Indian Contract Act, 1872 requires trial.

16 Apr 2022

The petitioner, Goodwill Realtors and Properties Pvt. Ltd., filed a Civil Writ Petition under Article 227 of the Constitution of India challenging an ...

High Court

Bombay High Court Allows Writ Petition Against Rejection of Plaint in Suit for Specific Performance — Unstamped Agreement to Sell Does Not Justify Rejection Under Order 7 Rule 11 CPC. Court Holds That Question of Stamp Duty Is a Preliminary Issue Under Order 14 Rule 2 CPC, Not a Ground for Rejection of Plaint.

11 Apr 2022

The petitioners, original plaintiffs, filed a Special Civil Suit for specific performance of an agreement to sell dated 01.08.2011. The respondent/def...

High Court

Bombay High Court Dismisses Bank's Application to Reject Plaint in Commercial Suit for Recovery of Fixed Deposits Allegedly Misappropriated by Bank Manager. Court Holds That Dispute Arising from Breach of Contractual Terms of Fixed Deposit Constitutes a Commercial Dispute Under Section 2(1)(c) of Commercial Courts Act, 2015, Despite Allegations of Fraud.

10 Jun 2024

The Bombay High Court dismissed an interim application filed by the State Bank of India (defendant) under Order VII Rule 11 CPC seeking rejection of t...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Suit for Declaration of Ownership and Injunction. Court held that the valuation of the suit for court fee purposes does not determine jurisdiction for the purpose of Order 7 Rule 11 CPC, and the plaint cannot be rejected on the ground of undervaluation unless the court finds that the suit is not properly valued and the plaintiff fails to correct it within the time fixed.

3 Jan 2022

The petitioner, original defendant no.3, filed a writ petition challenging the judgment and order dated 06.10.2020 passed by the learned 2nd C.J.S.D.,...

High Court

Bombay High Court Allows Appeal Against Order Returning Plaint Without Reasons in Commercial Suit for Specific Performance. District Court's Order Under Order 7 Rule 10 CPC Set Aside for Lack of Reasoning and Non-Compliance with Commercial Court Act.

12 Dec 2023

The appellant, Shreem Electric Limited, filed a Commercial Suit No. 4 of 2017 before the District Court, Kolhapur, seeking specific performance of pur...

High Court

Bombay High Court Dismisses Appeal by Bank of India Against Rejection of Plaint Rejection Application in Commercial Suit. Court holds that jurisdiction of civil court is not barred under Section 19(6) to (10) of Recovery of Debts and Bankruptcy Act, 1993 when suit is for recovery of money by a non-banking entity against a bank.

15 Dec 2023

The appeal was filed by the Bank of India and its Authorized Officer (Defendants) under Section 13(1A) of the Commercial Courts Act, 2015, challenging...

High Court

Bombay High Court Allows Appeal in Commercial Suit for Specific Performance — Agreement to Sell Not Frustrated by Non-Payment of Stamp Duty. Court holds that failure to pay stamp duty on an agreement to sell does not render the agreement void or unenforceable, and the plaintiff is entitled to seek specific performance subject to payment of deficit stamp duty and penalty.

22 Dec 2023

The appellant, Jay Kirtikumar Ashani, filed a Commercial Suit (No. 161 of 2022) for specific performance of an agreement to sell dated 15th October 20...

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