Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

Bombay High Court Dismisses Revision Against Rejection of Applications to Set Aside Ex-Parte Decree in Suit for Injunction and Possession. Court Holds That Defendant Failed to Show Sufficient Cause for Non-Appearance and That the Trial Court's Discretion Was Not Erroneous.

27 Sep 2016

The case arises from a civil revision application filed by the original defendant No.1, Balkrishna Zawar, challenging a common order dated 5 March 201...

High Court

High Court of Karnataka Dismisses Revision Petition Challenging Rejection of Plaint in Suit for Damages and Injunction — Order 7 Rule 11 CPC Application Rejected as Plaint Discloses Cause of Action. The court held that the plaint as a whole must be considered and that the legal notice sent by the plaintiffs to the defendants was part of the plaint averments indicating a cause of action.

15 Jun 2023

The revision petition was filed by the defendants (petitioners) challenging the order dated 14.03.2023 passed by the III Additional Senior Civil Judge...

High Court

High Court of Bombay at Nagpur Allows Revision Application by Bank in SARFAESI Act Jurisdiction Dispute — Civil Court Suit Barred Under Section 34 of SARFAESI Act, 2002. Allegations of Fraud Must Be Specific and Supported by Material to Bypass Statutory Remedy Before Debt Recovery Tribunal.

29 Apr 2010

The case involves a civil revision application filed by Punjab National Bank (original defendant) against an order of the District Judge, Chandrapur, ...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Case — Civil Suit Not Barred Under Section 34 When Challenge is to Mortgage Validity and Bank's Actions, Not Recovery Proceedings. The court held that the bar under Section 34 of the SARFAESI Act does not apply to a suit seeking declaration of title and challenging the validity of a mortgage, as such issues are not within the jurisdiction of the Debt Recovery Tribunal.

16 Jul 2021

The appellant, Smt. Nanjamma, filed a civil suit (O.S.No.3780/2017) before the XXII Additional City Civil and Sessions Judge, Bengaluru, seeking a dec...

High Court

Bombay High Court Dismisses Revision in Res Judicata Case — Suit Not Barred as Earlier Suit Was Withdrawn Without Liberty to File Fresh Suit. Order VII Rule 11(d) CPC Application Rejected as Earlier Suit Was Not Decided on Merits.

29 Jun 2017

The revision application arose from an order of the 7th Joint Civil Judge, Senior Division, Nagpur, rejecting the defendant's application under Order ...

High Court

Bombay High Court Dismisses Second Appeal in Trust Dispute — Upholds Concurrent Findings on Validity of Consent Decree. Court holds that a consent decree passed in a suit for administration of trust is not null and void and can be challenged only on grounds of fraud or collusion, which were not established.

8 Jan 2014

The original plaintiff, Sushilabai Byramji, filed Regular Civil Suit No.63 of 1982 seeking rendition of accounts, execution of trusts, setting aside o...

High Court

Bombay High Court Dismisses Copyright Infringement Suit Against Film 'Baaghi' — No Substantial Similarity Found Between Plaintiffs' and Defendants' Works. The court held that similarities were at the level of general ideas, not protectable expression under the Copyright Act, 1957.

21 Apr 2016

The Plaintiffs, XYZ Films LLC, PT Merantau Films, and Sikhya Entertainment Private Limited, filed a copyright infringement suit against UTV Motion Pic...

High Court

Bombay High Court Allows Second Appeal in Trust Dispute Over Meeting Validity — Rejection of Plaint Upheld as Suit Barred by Section 80 of Maharashtra Public Trusts Act. The court held that civil court lacks jurisdiction to entertain disputes relating to internal management of public trusts, and the proper remedy lies before the Charity Commissioner under the Act.

5 Aug 2016

The case involves a dispute concerning the internal management of Pune Vidyarthi Griha, a society registered under the Maharashtra Public Charitable T...

High Court

Madras High Court Dismisses Revision Petition to Strike Off Plaint in Suit for Declaration and Injunction — Cancellation Deed Challenged as Void. Court holds that plaint cannot be struck off under Article 227 of the Constitution of India, 1950 when triable issues exist regarding validity of cancellation deed and possession.

24 Feb 2026

The Civil Revision Petition was filed by the Defendant in O.S. No.35 of 2022 pending before the District Munsif cum Judicial Magistrate Court, Cheyyur...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment Application in Partition Suit. Amendment Sought After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC Due to Lack of Due Diligence.

22 Dec 2018

The petitioners, Hemlata Harish Bhatia and Bharat Vallabhdas Bhatia, filed a suit for partition in 2004 against the respondents, Vallabhdas Lalchand D...

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