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...
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Search Results for "Cause of action"

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High Court

High Court of Karnataka Allows Commercial Appeal in Partnership Dispute — Rejects Rejection of Plaint Under Order VII Rule 11 CPC. Court holds that a plaint cannot be rejected on the ground of non-joinder of necessary parties or lack of cause of action when the plaintiff seeks declaration of partnership rights and accounts.

25 Sep 2025

The case involves a commercial appeal filed by Mrs. Bhagyashree Jain against M/s. Vyshnavi Visions and its partners, challenging the trial court's ord...

High Court

High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

4 Sep 2025

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

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 ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Order VII Rule 11 CPC Application in Commercial Suit for Possession. The Court held that the plaint disclosed a cause of action and the question of limitation was a mixed question of fact and law, not amenable to rejection under Order VII Rule 11 CPC.

25 Jun 2025

The petitioners, who were defendants in a commercial suit filed by the respondent/plaintiff, challenged an order dated 28.02.2025 passed by the IV Add...

High Court

Bombay High Court Dismisses Petition for Letters of Administration for Lack of Territorial Jurisdiction — Amendment Sought to Include Properties Outside Jurisdiction Cannot Confer Jurisdiction. The court held that the High Court's testamentary jurisdiction under Section 300 of the Indian Succession Act, 1925 is limited to cases where the deceased had a fixed place of abode or left property within its ordinary original civil jurisdiction, and an amendment to add properties outside that jurisdiction cannot cure the defect.

12 Nov 2024

The judgment concerns two interim applications in a testamentary petition for grant of Letters of Administration. The petitioner, Uday Sharad Kulkarni...

High Court

Bombay High Court Allows Amendment of Plaint to Implead New Developer in Redevelopment Dispute — Plaintiff's Rights Under Debenture Trust Deed Require Complete Adjudication. The court held that the proposed amendment was necessary for complete and effectual adjudication and did not change the nature of the suit or introduce a new cause of action.

3 Sep 2024

The plaintiff, Edelweiss Asset Reconstruction Company Limited, filed a commercial suit against Meeti Developers Private Limited (defendant No.1) and o...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Transport Dispute — Jurisdiction Determined by Place of Wrongful Detention. Order 7 Rule 10 CPC Return of Plaint Set Aside as Trial Court Failed to Consider That Part of Cause of Action Arose Within Its Jurisdiction.

15 Mar 2010

The appellants, Mallikarjun Transport and Chitrarekha Omprakash Khake, were transporters who entered into a contract with Gangapur Cooperative Sugar F...

High Court

Bombay High Court Quashes Criminal Complaint in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. The court held that the cause of action under Section 138 of the Negotiable Instruments Act, 1881 arises only at the place where the cheque is presented and dishonoured, not at the place of issuance or the complainant's registered office.

3 Mar 2010

The petitioner, Mrs. Preetha S. Babu, a resident of Ernakulam, Kerala, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution b...

High Court

Bombay High Court Dismisses Civil Revision Against Refusal to Reject Plaint Under Order VII Rule 11 CPC — Cause of Action and Limitation Issues Require Trial. The court held that the plaint, read in its entirety, discloses a cause of action and is not barred by limitation, and the trial court correctly refused to reject the plaint.

15 Feb 2010

The case involves a civil revision application filed by the applicants (defendants in the original suit) against an order dated 21st April 2009 passed...

High Court

Bombay High Court Allows Amendment of Plaint in Property Dispute — Technical Defect of Verification Cured. Amendment sought for correcting property description and challenging subsequent notice is allowed as no prejudice caused to other side.

5 Jan 2010

The petitioner, original plaintiff, filed a suit for declaration that a notice dated 29th January 2008 issued by the first respondent (Commissioner of...

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